DEV KUMAR DHIWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 21.09.2020 passed by the learned Single Judge in batch of writ petitions whereby the petitioners therein have sought for relief of compensation and alternative shops as rehabilitation measure along with quashment of the impugned eviction notice dated 07.02.2019 of petitioners therein from the alleged leasehold shops, which came to be dismissed. Out of total 19 petitioners in five different writ petitions, only one writ petitioner has filed this appeal challenging the impugned order.

(2.) Facts relevant for disposal of this appeal are that, the appellant along with 18 other petitioners have been allotted shops situated at Vyavasayik Parisar, Beltara on auction conducted by Gram Panchayat Beltara. The shops were situated over the land in possession of Gram Panchayat on Khasra No.1025/1/ka. After becoming successful in an auction proceeding, appellant along with other petitioners have entered into agreement and shops have been handed over to them for a period of three years on lease. The respondent No.3 acquired the land on which commercial complex is constructed. In the said commercial complex, shops of the appellants are situated, but they have not been given any compensation nor rehabilitated. The appellant along with other petitioners have raised grievance/objection before the Sub Divisional Officer (Revenue) on 31.03.2018 for not determining compensation in their favour, because the land over which shops are constructed by Gram Panchayat, Beltara, and possessed by petitioners has been acquired by respondent No.3 through respondent No.2. On the date of acquisition of land by respondent No.3, appellant along with other petitioners were in possession of the shops and doing their business. After completion of acquisition proceeding, eviction notice has been issued to the appellant along with other petitioners therein, which made the appellant along with other petitioners to rush this Court by filing different writ petitions. The ground raised in writ petitions was that land acquisition proceeding initiated under the provisions of National Highways Act, 1956 (henceforth 'Act of 1956') provides for determination of amount of compensation even for the right of user of the land acquired. The respondent authorities have not considered that on the date of initiation of land acquisition proceeding and its finalization, appellant along with other petitioners were doing the business on the leased shops and were occupants. The appellant in his Writ Petition (C) No.592 of 2019 has sought for following reliefs :

(3.) Respondents No.3 and 4 submitted reply to writ petition pleading therein that land was acquired for the purpose of widening of Bilaspur-Kathghora National Highway NH-130. While denying the grounds raised in the writ petition of their entitlement of compensation, pleaded that appellant and other petitioners are not having any legal right under the law. Appellant and other petitioners are encroachers and not title holders of the land/shops. Lease deed executed in their favour came to an end after completion of period of lease mentioned therein. Land acquisition proceeding has been initiated strictly in accordance with Section 3 of the Act of 1956. Notification under Section 3G(3) of the Act of 1956 dated 03.12.2018 and 04.12.2018 was made and after determination of amount of compensation, the same was deposited. After publication of notification under Section 3D of the Act of 1956 aggrieved person is having the remedy under the Act of 1956 (3G(5) to approach the arbitrator). Letter of Acceptance was executed in favour of M/s Bilaspur Pathrapali Road Pvt. Ltd., on 14.05.2018 for construction of road.