Chattisgarh High Court
Mannu Lal Sahu vs State Of Chhattisgarh on 2 December, 2021
Author: Rajendra Chandra Singh Samant
Bench: Rajendra Chandra Singh Samant
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.C.C. No.660 of 2021
1. Mannu Lal Sahu S/o Shri Johan Sahu Aged About 50 Years R/o Village
Samoda, Police Station Aarang, District Raipur Chhattisgarh.
2. Bharat Lal Sahu S/o Shri Tetaku Ram Sahu Aged About 54 Years R/o
Village Samoda, Police Station Aarang, District Raipur Chhattisgarh.
3. Balaram Sahu S/o Late Shri Dhelu Ram Sahu Aged About 65 Years R/o
Village Samoda, Police Station Aarang, District Raipur Chhattisgarh
4. Lalaram Sahu S/o Late Shri Ude Ram Sahu Aged About 43 Years R/o
Village Samoda, Police Station Aarang, District Raipur Chhattisgarh
5. Sukhi Ram Sahu S/o Late Shri Daya Ram Sahu Aged About 72 Years
R/o Village Samoda, Police Station Aarang, District Raipur Chhattisgarh
6. Sitaram Pade S/o Late Shri Suklal Pade Aged About 72 Years R/o
Village Samoda, Police Station Aarang, District Raipur Chhattisgarh
7. Smt. Nilima W/o Shri Manohar Rao Shastri Aged About 61 Years R/o
Suman Vihar Baihar, Aarang, Police Station Aarang, District Raipur
Chhattisgarh
8. Gulali Ram Sahu S/o Late Shri Dhelu Ram Sahu Aged About 62 Years
R/o Village Samoda, Police Station Aarang, District Raipur Chhattisgarh
---- Applicants
Versus
1. State Of Chhattisgarh Through Secretary, Department Of Public Works
Department, Mantralaya Mahanadi Bhawan Naya Raipur Chhattisgarh.
2. Collector (Land Acquisition) Mahasamund District Mahasamund
Chhattisgarh
3. Sub Divisional Officer (Revenue) And Land Acquisition Officer
Mahasamund District Mahasamund Chhattisgarh
4. Executive Engineer Mahanadi Reservoir Porject, Division Raipur,
District Raipur Chhattisgarh
---- Non-applicants
For Applicant - Mr. Vinay Pandey, Advocate.
For State - Ms. Akanksha Jain, Dy. G.A.
-2-
Hon'ble Shri Justice Rajendra Chandra Singh Samant
Order on Board
02-12-2021
1. Heard on application praying for modification of the order dated
15.11.2021 passed in W.P.(C.) No.4564 of 2021.
2. It is submitted that by mistake, in the details of the respondent No.2, the
authority Collector is mentioned as to be from District- Mahasamund, whereas the petitioners are resident of Tehsil- Arang, District- Raipur, C.G. therefore, the direction given in the impugned order may be modified in this respect, so that the representation is made to the appropriate authority.
3. Learned State counsel makes formal objection and submits that appropriate orders be passed.
4. After perusing the record of the W.P.(C.) No.4564/2021 and the documents present in which, it is found that the statement made by the petitioners on behalf of the petitioners is verified. It is ordered that in the operating part of the impugned order, it shall be referred here-in-after that the opportunity that has been granted to the petitioners for filing reference application under Section 64(2) of the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 along with a condonation of delay application under Section 5 of Limitation Act, 1963, that has to be filed before the Collector, Raipur and the direction as mentioned in the same order shall be with respect to the Collector, Raipur.
5. With these observations, the petition stands disposed off.
6. Copy of this order be made a part of W.P.(C.) No.4564 of 2021.
Sd/-
(Rajendra Chandra Singh Samant) Monika Judge -1- NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4564 of 2021
1. Mannu Lal Sahu S/o Shri Johan Sahu, Aged About 50 Years, R/o Village
- Samoda, Police Station - Aarang, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
2. Bharat Lal Sahu S/o Shri Tetaku Ram, Aged About 54 Years, R/o Village
- Samoda, Police Station - Aarang, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
3. Balaram Sahu S/o Late Shri Dhelu Ram Sahu, Aged About 65 Years, R/o Village - Samoda, Police Station - Aarang, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
4. Lala Ram Sahu S/o Late Shri Ude Ram Sahu, Aged About 43 Years, R/o Village - Samoda, Police Station - Aarang, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
5. Sukhi Ram Sahu S/o Late Shri Daya Ram Sahu, Aged About 72 Years, R/o Village - Samoda, Police Station - Aarang, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
6. Sitaram Pade S/o Late Shri Suklal Pade Aged About 72 Years, R/o Village - Samoda, Police Station - Aarang, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
7. Smt. Nilima W/o Shri Manohar Rao Shastri, Aged About 61 Years, R/o Village - Samoda, Police Station - Aarang, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
8. Gulali Ram Sahu S/o Late Shri Dhelu Ram Sahu, Aged About 62 Years, R/o Village - Samoda, Police Station - Aarang, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Secretary, Department of Public Works Department, Mantralaya, Mahanadi Bhawan, Naya Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
2. Collector (Land Acquisition) Mahasamund, District - Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh
3. Sub Divisional Officer (Revenue) and Land Acquisition Officer, Mahasamund, District Mahasamund (Chhattisgarh), District :
Mahasamund, Chhattisgarh
4. Executive Engineer, Mahanadi Reservoir Project, Division - Raipur, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
---- Respondents For Petitioners - Shri Shailendra Kumar Sharma, Advocate. For State-respondents - Shri Chandresh Shrivastava, Deputy Advocate General.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15-11-2021 -2-
1. It is submitted that the petitioners are land owners whose land has been acquisitioned for the Samoda Bairaj project of the respondents. The compensation has been determined by way of order dated 26-11-2016. The petitioners have grievance regarding the amount of compensation granted. Hence, this petition.
2. The State counsel representing the respondents opposes the submission and submits that the petitioners have remedy available to file reference under Section 64(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'the Act, 2013').
3. After considering on the submissions made by the counsel for both the parties, this petition is disposed off at motion stage. The petitioners are granted liberty to file reference application under Section 64(2) of the Act, 2013 along with application for condonation of delay under Section 5 of Limitation Act, 1963. The respondents are directed to consider on the reference/representation and the application for condonation of delay and take decision in accordance with law at the earliest. It is made clear that this Court has not made any observation on the merit of the case.
Sd/-
(Rajendra Chandra Singh Samant) Judge Aadil