STATE OF CHHATTISGARH Vs. PARIKSHIT SINGH GUPTA

JUDGEMENT

(1.) Delay condoned.

(2.) The State of Chhattisgarh [Hereinafter, referred to as "petitioner-State of Chhattisgarh"] has preferred the instant special leave petition for assailing the judgment and order dtd. 1/8/2025 passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur [Hereinafter, referred to as "the High Court"] in F.A.M No.73 of 2019. The appeal was preferred by the petitioner-State of Chhattisgarh assailing the legality and validity of the order dtd. 30/7/2018 passed by the First Additional Judge to the Court of First Additional District Judge, Durg, Chhattisgarh [Hereinafter, referred to as "the reference Court"] in MJC No. 85 of 2014 whereby a reference made by the Land Acquisition Officer/Sub Divisional Officer, Durg under Sec. 18 of the Land Acquisition Act, 1894 was partly allowed with a direction to the Land Acquisition Officer, Durg, to recompute the compensation for land acquisition payable to the respondents @ Rs.5,380.00 per square metre in accordance with the guideline rates applicable for the Financial Year 2010-11 and make payment thereof to the respondents together with interest @9% per annum for the first year from the date of publication of the notification dtd. 13/8/2010 and thereafter, @15% per annum till the date of payment. The payment was directed to be made within a period of three months from the date of order. The High Court made the interest payable on compensation amount applicable from the date of filing of the eviction suit filed by the respondents i.e. 2/9/2006.

(3.) It is evident from record that the Public Works Department [Hereinafter, referred to as "PWD"] of the Government of Chhattisgarh had taken possession of the respondents' land way back in the year 1986 and constructed roads thereupon. In the year 2006, the respondents, filed a suit [Revenue Case No. 10/A-70/2006-07] under Sec. 250 of the Chhattisgarh Land Revenue Code, 1959 seeking eviction of the PWD from their land, upon which, the ex post facto acquisition proceedings came to be initiated in the year 2010 with the issuance of a notification under Sec. 4 of the Land Acquisition Act, 1894 on 13/8/2010.