RUKHMAN BHAGAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner in the present writ petition has challenged the order passed by the Tehsildar, Tamnar, District Raigarh, dated 19.06.2020 whereby the Tehsildar has ordered the petitioners to vacate the premises occupied by them. The Tehsildar also has given details of the compensation which the respondent No.6 has deposited with the Tehsildar against the property belonging to the petitioners which is being given to the respondent No.6 by the State Govt. for mining purpose.

(2.) The primary contention of the petitioners was that the respondent authorities have not taken any decision in the manner as is required under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation Resettlement Act, 2013 (in short, the Act, 2013).

(3.) According to the petitioners, there is a specific procedure prescribed under the Act, 2013 which has not been followed by the respondent authorities. It is the further contention of the petitioners that the respondents have also not passed any specific award so far as the land belonging to the petitioners are concerned and unless there is a specific award passed, the petitioners would not be in a position to challenge the same.