Chattisgarh High Court
Chetan Prasad vs State Of Chhattisgarh on 4 March, 2022
Author: P. Sam Koshy
Bench: P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4133 of 2021
Chetan Prasad S/o Kartikram, Aged About 56 Years, R/o Village -
Shikarinar, Tahsil - Jaijaipur, District - Janjgir - Champa
Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Revenue And
Disaster Management Department, Mahanadi Bhawan, Mantralaya,
New Raipur, Chhattisgarh
2. The Collector, District - Janjgir - Champa, Chhattisgarh
3. The Sub - Divisional Officer (Revenue) / Land Acquisition Officer,
Sakti, District - Janjgir - Champa, Chhattisgarh
4. The Executive Engineer, Minimata Bango Canal Division No. 6,
Sakti, District - Janjgir - Champa, Chhattisgarh
5. The Sub - Divisional Officer, Janjgir Branch Canal Sub - Division
No. 4, Sakti, District - Janjgir - Champa Chhattisgarh
---- Respondents
For Petitioner/s : Mr. Harishankar Patel, Advocate For State : Mr. Aman Kesharwani, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 04/03/2022
1. It is submitted that the petitioner is recorded owner of land bearing Khasra Nos. 364/3 measuring 0.13 acre situated at Village Shikarinar, Tahsil Jaijaipur, District Janjgir-Champa. The respondent authorities have constructed Murlidih Minor Canal in the year 1999 without acquiring the land of petitioner. The petitioner has come to know about the use of his land recently. The petitioner made representation on 08-04-2019 & 31.08.2021 vide Annexure-P/4 praying for rehabilitation and compensation to respondents No.2, 3 & 5, which has not been decided so far. 2 Therefore, it is prayed that this petition may be disposed off with direction.
2. The State counsel representing the respondents does not oppose the submission and submits that the petition may be disposed off with appropriate direction.
3. Considered on the submissions.
4. In view of the statement made and in view of the order passed by this Court in Banshilal Sidar V. State of Chhattisgarh and Others (WPC No.4628 of 2011 decided on 19/10/2011), wherein this Court has observed that when there is deprivation of constitutional right as enshrined under Article 300A of the Constitution of India, adequate compensation has to be paid in all respects and the State authorities should take immediate steps to compute the compensation amount and pay the interest from the date of possession till the amount is paid. The writ petition is disposed of with a direction that while determining the compensation the authorities shall consider payment of interest to the petitioner from the date of dispossession. Hence, on the basis of the view expressed in the judgment mentioned hereinabove by this Court, this petition is disposed off at motion stage. The petitioner is granted liberty to file fresh representation before respondents 2, 3 and 5 within a period of 15 days and after filing of such representation the respondents authorities shall have a time of 60 days to consider and take decision on the representation made by the petitioner in view of the observations made hereinabove. With these observations the petition is disposed off.
Sd/-
(P. Sam Koshy) Judge Khatai