M/S. NATURAL COLLECTIONS (L.L.P.) Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ appeal has been filed under Sec. 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 against the order dtd. 17/9/2018 passed by learned Single Judge in WPC No. 2540 of 2018 by which the writ petition filed by the petitioners has been dismissed holding that as the road on the land of the appellants had been constructed in housing development of Kamal Vihar Colony in the year 2012-13, the appellants are not entitled to get compensation as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act, 2013 ").

(2.) The brief facts, as projected by the appellants, are that respondent No. 3 had framed Kamal Vihar Town Development Scheme (for short "the Scheme ") under Sec. 38 (1) of M.P./C.G. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short "the Act, 1973 "). According to the Scheme, respondent No. 3 has to develop the land and handover 30% of the developed land to the land owners without any contribution from the land owners for their acquired land for development of the Scheme. It has also been contended that as per Sec. 56 of the Act, 1973, it would be applicable only for the land included for development of the Scheme. It has been further contended that the appellants' lands bearing Khasra No. 293/2, 293/9, 293/10, 293/11, 293/12, 293/14, 293/15, 193/16, 293/18, 293/19 and 293/20 area admeasuring 0.097 Hectare situated at Devangar, Village- Devpuri, Raipur, had been acquired by respondent No. 3 without following any procedure known to the law despite objection raised by the appellants. The said land was not included in the aforesaid Scheme as reflected from memo dtd. 20/10/2014. In the report given by the Revenue Inspector, it has been clearly mentioned that respondent No. 3- Raipur Development Authority is constructing concrete road on the land bearing Khasra No 328, which is a Government land near to canal, in which some of the portion of the land of Khasra No. 293/2/9/10-11/12/14-15/16/18-19-20 part measuring 0.095 and 0.0002 Hectare belonging to the appellants, is also utilized for construction of the road.

(3.) The records of the case would further demonstrate that on 23/1/2015 the appellants were offered reconstituted plot measuring 353. 63 sq.mtr. by respondent No. 3 as per the Scheme, which was denied by the appellants on 27/2/2015 (Annexure A/7) and claimed compensation as per the Act, 2013. However, the same was not considered. Thereafter, the appellants preferred another representation before respondent No. 3 on 20/7/2015, which was also not considered by respondent No. 3, and as such, the appellants preferred writ petition before this Court bearing WPC No. 1425/2015, wherein this Court has passed the following order on 6/11/2017:- "6. As per the submission, representation made by the petitioner is not decided and still pending before the respondent, any decision on representation pending before the respondent can be called and questioned before this Court, if so required by the petitioner later on, but for that purpose it is required that this representation should be decided first by the respondent, hence, this petition is disposed off with direction. 7. Respondents are directed to consider and decide the representation of the petitioner in accordance with the law, rules and regulations within a period of three months and they shall have the liberty to decide the representation without being influenced by any of the observation made in this order. "