MUKTA BEHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. Learned counsel for the petitioners submits that at this stage, petitioner is only making limited prayer for a direction to respondent No. 2 to dispose of pending representation submitted by the petitioners on 18/9/2021 at the earliest within specified time frame.

(2.) Learned counsel for the petitioner submits that petitioners were owner of agricultural land recorded in their name or their ancestors name. Acquisition proceedings were initiated under Sec. 247 (4) of the Land Revenue Code for which the compensation is to be calculated in accordance with The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act of 2013"). Respondent No. 3 has initiated acquisition proceedings in Revenue Case No. 01/A-67/2016-17 and passed order on 28/3/2017 computing the compensation to be paid by respondent No. 4 in lieu of land acquired on its behalf. He contended that pursuant to proposed amount of compensation, respondent No. 4 has deposited the amount with respondent No. 3 from which the amount of compensation as assessed by respondent No. 3 has been disbursed in favour of petitioners. Respondent No. 3 failed to take note of Clause-4 of the Second Schedule of the Act of 2013 while passing an order dtd. 28/3/2011 and thereby the petitioner were deprived of proper compensation as provided under Clause-4 of the Second Schedule of the Act of 2013. When the petitioner realized that they have not been suitably compensated, submitted an application before respondent No. 2 (Annexure P-1) which is pending consideration. He submits that as the order has been passed by the Sub Divisional Officer in the month of March 2017, respondent No. 2 be directed to consider and decide representation submitted by the petitioner at the earliest.

(3.) Learned counsel for the State would submit that as the petitioners are not pressing the claim at this stage on merits, but only making a prayer for issuance of direction to respondent No. 2 to decide representation at the earliest, she is having no objection if a direction is issued to respondent No. 2 to consider and decide representation in accordance with law.