Chattisgarh High Court
Narsingh Prasad Dansena vs State Of Chhattisgarh on 2 August, 2023
1
NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
WPC No. 4220 of 2021
Moharsay Kanwar S/o Late Shri Mahettar Kanwar Aged About 52
Years R/o Village Odekera, Tehsil Dabhra, District Janjgir Champa
Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster
Management Department, Mantralaya, Mahanadi Bhawan, Atal
Nagar Nawa Raipur District Raipur Chhattisgarh
2. State Of Chhattisgarh Through The Secretary, Department Of
Commerce And Industries, Mantralaya, Mahanadi Bhawan, Atal
Nagar Nawa Raipur District Raipur Chhattisgarh
3. Collector Janjgir Champa District Janjgir Champa Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer
Dabhra, District Janjgir Champa Chhattisgarh
5. Athena Chhattisgarh Power Limited A Company Having Its
Registered Office At 7-1-24/1/rt, G-1, B-Block Roxana Tower
Greenlands, Begumpet, Hyderabad-500016, Telangana, India
6. State Bank Of India State Bank Bhavan, Madam Cama Road,
Mumbai-400021 And Acting Through Its Branch At Stressed Assets
Management Branch, Secunderabad (Branch Code-04106), D. No.
6-2-915, 5th Floor, Rear Block Of Hmwssb Compound, Khairtalab,
Hyderabad-500004
---- Respondents
WPC No. 4209 of 2021
1. Dujeram Rathiya S/o Late Shri Bhuwanlal Rathiya Aged About 50 Years R/o Village Odekera, Tehsil Dabhra, District Janjgir Champa Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
2. State Of Chhattisgarh Through The Secretary, Department Of 2 Commerce And Industries, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
3. Collector Janjgir Champa District Janjgir Champa Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra, District Janjgir Champa Chhattisgarh
5. Athena Chhattisgarh Power Limited A Company Having Its Registered Office At 7-1-24/1/rt, G-1, B-Block Roxana Tower Greenlands, Begumpet, Hyderabad-500016, Telangana, India
6. State Bank Of India Through Manager State Bank Bhavan, Madam Cama Road, Mumbai-400021 And Acting At Stressed Assets Management Branch, Secunderabad (Branch Code-04106), D. No. 6-2-915, 5th Floor, Rear Block Of Hmwssb Compound, Khairtalab, Hyderabad-500004
---- Respondents WPC No. 4210 of 2021 Sukhilal S/o Peelaram Rathiya Aged About 54 Years Resident Of Village Odekera, Tehsil Dabhra , District Janjgir Champa Chhattisgarh.
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management , Mantralaya Mahanadi Bhawan , Atal Nagar, New Raipur , District Raipur Chhattisgarh
2. State Of Chhattisgarh Through Secretary Department Of Commerce And Industries, Mantralaya Mahanadi Bhawan , Atal Nagar, New Raipur , District Raipur Chhattisgarh.
3. Collector Janjgir Champa District Janjgir Champa Chhattisgarh.
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra District Janjgir Champa Chhattisgarh.
5. Athena Chhattisgarh Power Limited A Company Having Its Registered Office At 7-1-24/1/rt , G-1, B Block Roxana Tower Greenlands , Begumpet, Hyderabad 500016, Telangana India.
6. State Bank Of India State Bank Bhavan, Madam Cama Road, Mumbai 400021, And Acting Through Its Branch At Stressed Assets Management Branch, Secunderabad (Branch Code 04106), D. No. 6- 2-915, 5th Floor, Rear Block Of Hmwssb Compound Khairtabad, Hyderabad 500004.
---- Respondents 3 WPC No. 4212 of 2021 Prahladsingh Rathiya S/o Late Shri Aatmaram Rathiya Aged About 65 Years R/o Village Odekera, Tehsil Dabhra, District Janjgir Champa Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
2. State Of Chhattisgarh Through Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
3. Collector Janjgir Champa District Janjgir Champa Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra, District Janjgir Champa Chhattisgarh
5. Athena Chhattisgarh Power Limited A Company Having Its Registered Office At 7-1-24/1/rt, G-1, B-Block Roxana Tower Greenlands, Begumpet, Hyderabad-500016, Telangana, India
6. State Bank Of India State Bank Bhavan, Madam Cama Road, Mumbai-400021 And Acting Through Its Branch At Stressed Assets Management Branch, Secunderabad (Branch Code-04106), D. No. 6-2-915, 5th Floor, Rear Block Of Hmwssb Compound, Khairtalab, Hyderabad-500004
---- Respondents WPC No. 4219 of 2021 Prahladsingh Rathiya S/o Late Shri Aatmaram Rathiya Aged About 65 Years R/o Village Odekera, Tehsil Dabhra, District Janjgir Champa Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
2. State Of Chhattisgarh Through The Secretary, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
3. Collector Janjgir Champa District Janjgir Champa Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer 4 Dabhra, District Janjgir Champa Chhattisgarh
5. Athena Chhattisgarh Power Limited A Company Having Its Registered Office At 7-1-24/1/rt, G-1, B-Block Roxana Tower Greenlands, Begumpet, Hyderabad-500016, Telangana, India
6. State Bank Of India State Bank Bhavan, Madam Cama Road, Mumbai-400021 And Acting Through Its Branch At Stressed Assets Management Branch, Secunderabad (Branch Code-04106), D. No. 6-2-915, 5th Floor, Rear Block Of Hmwssb Compound, Khairtalab, Hyderabad-500004
---- Respondents WPC No. 4221 of 2021 Naarad Prasad Rathiya S/o Late Shri Maheshram Rathiya Aged About 37 Years R/o Village Odekera, Tehsil Dabhra, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through the Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh., District :
Raipur, Chhattisgarh
2. State Of Chhattisgarh Through the Secretary Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
3. Collector Janjgir Champa, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra, District Janjgir Champa Chhattisgarh., District : Janjgir- Champa, Chhattisgarh
5. Athena Chhattisgarh Power Limited A Company Having Its Registered Office At 7-1-24/1/rt, G - 1, B - Block Roxana Tower Greenlands, Begumpet, Hyderabad 500016, Telangana, India.
6. State Bank Of India State Bank Bhavan, Madam Cama Raod, Mumbai 400021 And Acting Through Its Branch At Stressed Assets Management Branch, Secunderabad (Branch Code 04106) D. No. 6- 2-915, 5th Floor Rear Block Of Hmwssb Compound, Hyderabad 500004.
---- Respondents WPC No. 4223 of 2021 5 Gajendra Kumar Chouhan S/o Late Shri Harishankar Chouhan Aged About 37 Years R/o Village Odekera, Tehsil Dabhra, District Janjgir- Champa Chhattigarh.
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.
2. State Of Chhattisgarh, Through Secretary, Department Of Commerce And Industries, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.
3. Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh.
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra, District Janjgir-Champa Chhattisgarh.
5. Athena Chhattisgarh Power Limited, A Company Having Its Registered Officer At 7-1-24/1/rt,g-1, B-Block Roxana Tower Greenlands, Begumpet, Hyderabad- 500016, Telangana, India.
6. State Bank Of India, State Bank Bhavan, Madam Cama Road, Mumbai - 400021 And Action Through Its Branch At Stressed Assets Management Branch, Secunderabad (Branch Code 04106), D. No. 6- 2-915, 5th Floor, Rear Block Of Hmwssb Compound, Khairtabad, Hyderabad- 500004
---- Respondents WPC No. 4319 of 2021 Umilal Yadav S/o Late Shri Udeyram Yadav Aged About 47 Years R/o Village Odekera, Tehsil Dabhra, District Janjgir Champa Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
2. State Of Chhattisgarh Through The Secretary, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
3. Collector Janjgir Champa District Janjgir Champa Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra, District Janjgir Champa Chhattisgarh
5. Athena Chhattisgarh Power Limited A Company Having Its 6 Registered Office At 7-1-24/1/rt, G-1, B-Block Roxana Tower Greenlands, Begumpet, Hyderabad-500016, Telangana, India
6. State Bank Of India State Bank Bhavan, Madam Cama Road, Mumbai-400021 And Acting Through Its Branch At Stressed Assets Management Branch, Secunderabad (Branch Code-04106), D. No. 6-2-915, 5th Floor, Rear Block Of Hmwssb Compound, Khairtalab, Hyderabad-500004
---- Respondents WPC No. 4347 of 2021 Dubeysingh S/o Bedram Rathiya Aged About 49 Years R/o Village Odekera, Tehsil Dabhra, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. State Of Chhattisgarh Through Secretary, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Collector Janjgir Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra, District Janjgir Champa Chhattisgarh., District : Janjgir- Champa, Chhattisgarh
5. Athena Chhattisgarh Power Limited A Company Having Its Registered Office At 7-1-24/1/rt, G -1, B - Block Roxana Tower Greenlands, Begumpet, Hyderabad 500016, Telangana, India.
6. State Bank Of India State Bank Bhavan Madam Cama Road, Mumbai 400021. And Acting Through Its Branch At Stressed Assets Management Branch, Secunderabad (Branch Code 04106), D. No. 6- 2-915, 5th Floor, Rear Block Of Hmwssb Compound, Hyderabad 500004.
---- Respondents WPC No. 4553 of 2021 Gokulprasad S/o Late Shri Bharatlal Rathiya, Aged About 39 Years R/o Village Odekera, Tehsil Dabhra, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 7
---- Petitioner Versus
1. State Of Chhattisgarh Through Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. State Of Chhattisgarh, Through Department Of Commerce And Industries, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
3. Collector Janjgir Champa District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra, District Janjgir Champa Chhattisgarh, District : Janjgir- Champa, Chhattisgarh
5. Athena Chhattisgarh Power Limited, A Company Having Its Registered Office At 7-1-24/1/rt, G-1, B-Block Roxana Tower Greenlands, Begumpet, Hyderabad- 500016, Telangana, India, District : Hyderabad, Telangana
6. State Bank Of India, State Bank Bhavan, Madam Cama Road, Mumbai 400021 And Acting Through Its Branch At Streesed Assets Management Branch, Secunderabad (Branch Code- 04106), D.No. 6-2-915, 5th Floor, Rear Block Of Hmwssb Compound, Khairtabad, Hyderabad- 500004
---- Respondents WPC No. 4557 of 2021
1. Ratiram S/o Puniram Aged About 65 Years R/o Village Odekera, Tehsil Dabhra, District- Janjgir-Champa (C.G.), Chhattisgarh
2. Ramnivas S/o Daduram Aged About 46 Years R/o Village Odekera, Tehsil Dabhra, District- Janjgir-Champa (C.G.), Chhattisgarh
3. Kenwrabai Wd/o Toransingh Kanwar Aged About 56 Years R/o Village Odekera, Tehsil Dabhra, District- Janjgir-Champa (C.G.), Chhattisgarh
4. Shyamkumar S/o Ganeshram Rathiya Aged About 49 Years R/o Village Odekera, Tehsil Dabhra, District- Janjgir-Champa (C.G.), Chhattisgarh
5. Kumar Singh S/o Bijeram Aged About 71 Years R/o Village Odekera, Tehsil Dabhra, District- Janjgir-Champa (C.G.), Chhattisgarh
6. Omprakash S/o Toransingh Kanwar Aged About 36 Years R/o Village Odekera, Tehsil Dabhra, District- Janjgir-Champa (C.G.), Chhattisgarh 8
7. Sitaram Naal S/o Manohar Lal Naal Aged About 43 Years R/o Village Odekera, Tehsil Dabhra, District- Janjgir-Champa (C.G.), Chhattisgarh
8. Janmejay Kanhai Gaanda Aged About 55 Years R/o Village Odekera, Tehsil Dabhra, District- Janjgir-Champa (C.G.), Chhattisgarh
9. Laxmiprasad S/o Krishnakumar Kanwar Aged About 53 Years R/o Village Odekera, Tehsil Dabhra, District- Janjgir-Champa (C.G.), Chhattisgarh
10. Darshansingh S/o Bedram Kanwar Aged About 55 Years R/o Village Odekera, Tehsil Dabhra, District- Janjgir-Champa (C.G.), Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through- Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh, Chhattisgarh
2. State Of Chhattisgarh Through- Department Of Commerce And Industries, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh, Chhattisgarh
3. Collector Janjgir-Champa, District- Janjgir-Champa, Chhattisgarh, Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra, District- Janjgir-Champa Chhattisgarh, Chhattisgarh
5. Athena Chhattisgarh Power Limited A Company Having Its Registered Offcie At 7-1-24/1/rt, G-1, B-Block Roxana Tower Greenlands, Begumpet, Hyderabad- 500016, Telangana, India, Chhattisgarh
6. State Bank Of India Through- Its General Manager State Bank Bhavan, Madam Cama Road, Mumbai- 400021 And Acting Through Its Branch At Stressed Assets Management Branch, Secunderabad (Branch Code- 04106), D. No. 6-2-915, 5th Floor, Rear Block Of Hmwssb Compound, Khairtabad, Hyderabad- 500004
---- Respondents WPC No. 4645 of 2021
1. Manbodh Singh Sidar S/o Cheduram Sidar Aged About 46 Years R/o Village Nimohi, Tehsil Dabhra, District Janjgir Champa Chhattisgarh
2. Tiritram Dansena S/o Rambagas Dansena Aged About 64 Years R/o Village Nimohi, Tehsil Dabhra, District Janjgir Champa Chhattisgarh 9
3. Laxmansingh Sidar S/o Indalsingh Sidar Aged About 62 Years R/o Village Nimohi, Tehsil Dabhra, District Janjgir Champa Chhattisgarh
4. Bahartin Bai Dansena W/o Hari Prasad Dansena Aged About 66 Years R/o Village Nimohi, Tehsil Dabhra, District Janjgir Champa Chhattisgarh
5. Punauram Dansena S/o Ramprasad Dansena Aged About 55 Years R/o Village Nimohi, Tehsil Dabhra, District Janjgir Champa Chhattisgarh
6. Tikaram S/o Mahettar Kanwar Aged About 43 Years R/o Village Odekera, Tehsil Dabhra, District Janjgir Champa Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Department of Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
2. State Of Chhattisgarh Through The Secretary, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Atal Nagar New Raipur District Raipur Chhattisgarh
3. Collector Janjgir Champa District Janjgir Champa Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra District Janjgir Champa Chhattisgarh
5. Athena Chhattisgarh Power Limited A Company Having Its Registered Office At 7-1-24/1/rt, G-1, B-Block Roxana Tower Greenlands, Begumpet, Hyderabad 500016, Telangana India
6. State Bank Of India Through Its General Manager State Bank Bhavan, Madam Cama Road, Mumbai-400021 And Acting Through Its Branch At Branch, Secunderabad (Branch Code 04106), D. No. 6- 2-915, 5th Floor, Rear Block Of Hmwssb Compound, Khairtabad, Hyderabad 500004
---- Respondents WPC No. 4646 of 2021
1. Gourilal Dansena S/o Laxman Aged About 66 Years Resident Of Village Singhitarai, Tehsil Dabhra , District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
2. Khageshwarprasad Sidar S/o Surajprasad Sidar Aged About 49 Years Resident Of Village Singhitarai, Tehsil Dabhra , District Janjgir Champa Chhattisgarh.
3. Reshamlal Yadav S/o Thururam Yadav Aged About 49 Years 10 Resident Of Village Singhitarai, Tehsil Dabhra , District Janjgir Champa Chhattisgarh.
4. Kailash Kumar Dhirhe S/o Samaru Ram Dhirhe Aged About 39 Years Resident Of Village Singhitarai, Tehsil Dabhra , District Janjgir Champa Chhattisgarh.
5. Nareshkumar Dansena S/o Natturam Dansena Aged About 44 Years Resident Of Village Singhitarai, Tehsil Dabhra , District Janjgir Champa Chhattisgarh.
6. Dilipkumar S/o Ghasiyaram Dansena Aged About 53 Years Resident Of Village Singhitarai, Tehsil Dabhra , District Janjgir Champa Chhattisgarh.
7. Ghasiyaram S/o Budhuram Dansena Aged About 74 Years Resident Of Village Singhitarai, Tehsil Dabhra , District Janjgir Champa Chhattisgarh.
8. Govindram S/o Ganesh Aged About 55 Years Resident Of Village Singhitarai, Tehsil Dabhra , District Janjgir Champa Chhattisgarh.
9. Mangluram S/o Sagun Aged About 73 Years Resident Of Village Singhitarai, Tehsil Dabhra , District Janjgir Champa Chhattisgarh.
10. Basantkumar S/o Tandaram Ganda Aged About 43 Years Resident Of Village Odekera, Tehsil Dabhra , District Janjgir Champa Chhattisgarh.
---- Petitioners Versus
1. State Of Chhattisgarh Through Department Of Revenue And Disaster Management , Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. State Of Chhattisgarh Through Department Of Commerce And Industries , Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur , District Raipur Chhattisgarh.
3. Collector Janjgir Champa District Janjgir Champa Chhattisgarh.
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra District Janjgir Champa Chhattisgarh.
5. Athena Chhattisgarh Power Limited A Company Having Its Registration Office At 7-1-24/1/rt , G-1, B Block Roxana Tower Greenlands , Begumpet Hyderabad 500016, Telangana India.
6. State Bank Of India Through Its General Manager State Bank Bhavan Madam Cama Road, Mumbai 400021, And Acting Through Its Branch At Stressed Assets Management Branch, Secunderabad (Branch Code 04106) , D. No. 6-2-915, 5th Floor , Rear Block Of 11 Hmwssb Compound, Khairtabad, Hyderabad 500004.
---- Respondents WPC No. 4714 of 2021 Narsingh Prasad Dansena S/o Late Shri Shivaji Dansena Aged About 70 Years R/o Village Singhitarai, Tehsil Dabhra, District Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
2. State Of Chhattisgarh Through Department Of Commerce And Industries, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
3. Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
4. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra, District Janjgir-Champa, Chhattisgarh., District : Janjgir- Champa, Chhattisgarh
5. Athena Chhattisgarh Power Limited A Company Having Its Registered Office At 7-1-24/1/rt, G-1, B-Block Roxana Tower Greenlands, Begumpet, Hyderabad- 500016, Telangana, India.
6. State Bank Of India Through Its General Manager, State Bank Bhavan, Madam Cama Road, Mumbai-400021 And Acting Through Its Branch At Stressed Assets Management Branch, Secunderabad (Branch Code 04106), D.No. 6-2-915, 5th Floor, Rear Block Of Hmwssb Compound, Khairtabad, Hyderabad-500004.
---- Respondents ______________________________________________________________ For Petitioners : Mr. Surfaraj Khan, Advocate For Respondents No. 1 to 4 : Mr. Ghanshyam Patel, Govt. Advocate and Mr. P. Acharya, Panel Lawyer For Respondent No.5 : Mr. Abhishek Sinha, Senior Advocate With Mr. S.S. Marhas, Advocate For Respondent No.6 : Mr. Anumeh Shrivastava, Advocate, Mr. Pravesh Sahu, Advocate on behalf of Mr. P.R. Patankar, Advocate 12 S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 02/08/2023
1. The petitioners have filed these writ petitions seeking following reliefs:
" 10.1. That this Hon'ble Court kindly be pleased to direct the respondents for taking decision on representation of the petitioner preferred under Section 101 of Act, 2013 regarding return of land on the ground of parity.
10.2. That this Hon'ble Court kindly be pleased to direct the respondents for releasing salary of the petitioner in the light of para 11.2.3 of rehabilitation policy 2007.
10.3. Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner."
2. Learned counsel for the petitioners submits that the land of the petitioners were not utilized even after lapse of five years from the date of acquisition and therefore, petitioners are entitled for reversion of the land under Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "Act of 2013").
Petitioners are entitled for the employment in lieu of acquisition of land of petitioners pursuant to clause 11.2.3 of the Rehabilitation and Resettlement Policy 2007 (as amended) (Annexure P-1) and read over clause 1.2.2 and 1.2.3 in support of his contention. He also submits that the petitioners have also made representation in this regard (Annexure P-3) but no decision is taken on it.
133. Learned senior counsel appearing for respondent No.5-Athena Chhattisgarh Power Ltd. opposes submission of learned counsel for the petitioners and would submit that contention of petitioners that land was acquired for construction of power plant is not correct and is misleading. Lands subject matter of writ petition was acquired on the application of Commissioner, Industry Directorate for industrial purpose and after passing of award, it vested with Industry Department. The land was allotted by Chhattisgarh State Industrial Development Corporation to the respondent No.5 on lease of 99 years. Land of the petitioners were acquired under the Land Acquisition Act, 1894 (for short "Act of 1894"). Under the said Act there is no provision for reversion of land and therefore the claim of the petitioners placing reliance upon provision under Section 101 of the Act of 2013 is not maintainable. He also pointed out that Annexure P-3 submitted before the Land Acquisition Officer is under the subject of reversion of land. Respondent No.5- Company is going through liquidation proceedings under the Insolvency and Bankruptcy Code 2016 before National Company Law Tribunal, Hyderabad and in view of liquidation order dated 13.05.2021 as also Section 35 (5) of the Bankruptcy Code 2016 no proceedings can be initiated against the corporate debtor. In the liquidation proceeding, bid of Vedanta Limited was accepted and the official liquidator issued sale certificate on 21.07.2022. The petitioners were already taking benefit under Rehabilitation and Resettlement Policy 2007 after taking over the company by Vedanta Limited. He also submits that petitioners were given monetary compensation against the acquisition of their land and therefore, petitioners are not entitled for any relief.
144. Learned counsel for the State adopting submission of learned counsel for respondent No.5 submits that petitioners are not entitled for relief as claimed for. He also contended that even if the claim of petitioners is to be considered then also the petitioners have to submit appropriate application before the appropriate authority which is already prescribed under the clause 12.4. of the Rehabilitation and Resettlement Policy, 2007 Representation which is said to have been submitted by the petitioners is not before the Committee constituted for considering claim of land oustee and therefore submission in this regard that petitioners have already submitted representation is also not correct.
5. I have heard learned counsel for the parties and also perused the documents annexed along with writ petitions.
6. Submission of learned counsel for the respondent No.5 that land acquisition proceedings is under the old Act i.e. Act of 1894 is not disputed by learned counsel for the petitioners. It is also not disputed by the counsel for petitioners that under the old Act there is no provision of reversion of land, if it is not used after its acquisition within specified time.
7. In the aforementioned facts of the case where the acquisition of land of petitioners is under the Act of 1894, provision of the Act of 2013 will not be applicable to the facts of the case and therefore petitioners cannot be granted any relief relying upon the provision under the Act of 2013. Accordingly the prayer of reversion of land based on Section 101 of the Act of 2013 made by learned counsel for the petitioners is rejected.
8. So far as submission of learned counsel for the petitioners with 15 regard to grant of employment under Rehabilitation and Resettlement Policy 2007 is concerned, petitioners' land were acquired in the year 2008. Till date petitioners have not approached the Committee constituted under the Rehabilitation and Resettlement Policy 2007. These petitions are filed in the year 2021. Petitioners have not filed any document to show that before approaching this Court, they have approached before the concerned authority by submitting any application as provided under the Rehabilitation and Resettlement Policy 2007. If for any reason any of the land oustee is aggrieved of not extending benefit under the Rehabilitation and Resettlement Policy 2007, it is the Committee constituted under the Policy 2007 to consider the same wherein the two Committees have been constituted one at the District Level and another at State Level. Collector is Member Secretary of the District Level Committee. The petitioners have placed on record some documents to show that some report is also prepared on the direction of SDO (R), Dabhra.
9. In the aforementioned facts of the case as the petitioners have not approached the Committee constituted under the Rehabilitation and Resettlement Policy 2007 without going into merit of the claim of petitioners, these writ petitions are disposed of at this stage permitting the petitioners to approach the authority/Committee constituted under the Rehabilitation and Resettlement Policy 2007 for redressal of their grievance by way of filing appropriate application/representation and if any application/representation is submitted, concerned authority 16 /Committee shall consider the claim of petitioners on its own merits, expeditiously, giving opportunity of hearing to respondents.
10. It is made clear that this Court has not made any observation on merits of claim of petitioners and it will be for the Committee/Authority to consider the claim of petitioners on its own merits in accordance with law, keeping in mind that the liquidation proceedings initiated by the official liquidator.
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(Parth Prateem Sahu) Judge Praveen