KHILESHWAR PRASAD JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common questions of facts and law are involved in these writ petitions, 1 have heard them together, and they are being disposed of by this common judgment. The acquisition of 392.99 acres of land situated at village Singhitarai. PC No. 01, Tehsil Dabhra, District Janjgir-Champa (C.G.), belonging to the petitioners and other agriculturists vide Land Acquisition Case No. 04/A/82/2009-10, has been challenged in these writ petitions. The petitioners have prayed for quashing of the notifications issued u/ss 4 & 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'L.A. Act') and have also prayed for quashing the award dated 22.2.2011.

(2.) Collector, Janjgir-Champa issued a notification u/s 4(1) of the L.A. Act on 1.6.2010 for acquisition of private lands situated at village Singhitarai, Tehsil Dabhra, District Janjgir-Champa (C.G.). The land owners/villagers, whose lands were proposed to be acquired, filed detail objections jointly before the Sub-Divisional Officer - Cum - Land Acquisition Officer, Dabhra on 30.6.2010 in above Land Acquisition Case No. 04/A/82/2009-10. The General Manager District Industries & Trade Centre filed reply before the Land Acquisition Officer. The Land Acquisition Officer recorded statements of villagers/land owners on 31.7.2010. The Land Acquisition Officer after hearing objections of the parties decided the same u/s 5-A and rejected those objections. Thereafter the matter was forwarded to the Collector for further proceedings u/s 6. The Collector issued notification u/s 6 of the L.A. Act on 15.9.2010. On 4.10.2010 objections were filed and after compliance of Section 9 of the Act, award was passed on 22.2.2011 which was further approved by the Commissioner on 242.2011.

(3.) Learned counsel for the petitioners have contended that the lands have been acquired by the Government at the instance of M/s Athena Chhattisgarh Power Pvt. Ltd. (hereinafter referred to as the 'respondent-Company') and as such the procedure prescribed under Part VII of the L.A. Act was to be complied with; the entire money for compensation has been contributed by Company and the acquisition being at the behest of the Company was not for public purpose. They have also contended that the notification issued u/s 4(1)of the L.A. Act was vague as there was no description of khasra numbers in the said notification and the same, thus was non est, therefore, the entire proceeding of Land Acquisition vitiates.