VISHAL KUMAR JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has preferred this writ petition for issuance of direction to respondent No. 2, the Collector, Bilaspur to allot the land demanded by the petitioner in his application dated 14-5-2012 (Annexure P-2) appropriating the cost from the compensation determined in his favour in lieu of the land acquired from him and in the alternative to direct respondent No. 2 to forthwith decide the said application (Annexure P-2) demanding Government land at Village Haafa described in the said application. From the contents of the writ petition and the documents, annexed thereto, it would appear that the petitioner's land admeasuring 0.18 acres bearing Khasra No. 1781/2 was acquired for construction of Koni-Mopka by-pass road and in Land Acquisition Case No. 14-A/82/2009-2010, Village Mopka, P.H. No. 19, Tehsil Bilaspur, an award was passed on 27-7-2011, in which the petitioner was held entitled to compensation of Rs. 6,77,577/-.

(2.) According to the petitioner, he has not withdrawn the amount and by application dated 14-5-2012 (Annexure P-2) purportedly filed under Section 31(3) of the Land Acquisition Act, 1894 (for short "the Act"), he has demanded an area of 2.22 acres of Government land at Village Haafa, R.I. Circle Sakri, Tehsil Takhatpur, District Bilaspur in exchange of acquired land of petitioner.

(3.) Learned Counsel for the petitioner would submit that respondent No. 2 is under an obligation to consider the petitioner's prayer for grant of land in exchange as provided in Section 31(3) of the Act, 1894. Section 31(3) is relevant and quoted hereinbelow:--