DAULAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred by the writ petitioners under Sec. 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, questioning the legality and propriety of the order dtd. 7/1/2022 passed by the learned Single Judge in WP(C) No.75 of 2022, whereby, the writ petitioners' claim has been refused. The parties to this appeal shall be referred hereinafter as per their description before the learned Single Judge.

(2.) Briefly stated the facts of the case are that the writ petitioners' land bearing Khasra No.344/2 admeasuring 0.615 hectare (1.52 acres) out of total area of 0.809 hectare (2.00 acres), situated at village Ramgarh, P. H. No.30, R.I. Circle Mungeli, Tehsil Mungeli, District Bilaspur (Now District Mungeli) has been acquired by the State Government for construction of new 100 bedded Government hospital at Mungeli and, it was purchased under the State Government's Land Purchase Policy By Mutual Consent, 2016. According to the writ petitioners, a registered deed of sale dtd. 28/2/2019 was executed with regard to the said land under immense pressure only for a consideration of Rs.78,80,000.00 as in order to pressurize them, an Istgasha No.48/188/2016 under Ss. 107, 116(3) and 151 of Code of Criminal Procedure, 1973 was registered against the Petitioner No.1, although it was proposed to be purchased earlier for a consideration of Rs.92,25,000.00 on 17/7/2018 by the State Government.

(3.) Further contention of the writ petitioners is that out of remaining 0.48 hectare land of Khasra No.344/2, major portion of it, i.e., about 25-30 decimals have also been possessed by the Government for the purposes of approach road and parking of the newly constructed hospital building. It is pleaded further in the petition that at the time of acquisition of land in question, the writ petitioners had requested the authorities to provide them a piece of land admeasuring 20' x 30' sq. ft. adjoining to the hospital building. Referring to the memo dtd. 11/3/2019 (Annexure P/8), which was issued by Sub Divisional Officer (Revenue)-cum-Land Acquisition Officer, Mungeli to the Respondent No.4-Chief Medical Officer-cum-Hospital Superintendent, it is pleaded that Respondent No.4 was instructed to provide the said land to the petitioners, but till date, the same has not been provided. It is pleaded further that 0.48 acres of their land was not acquired, yet the major portion of it has been encroached by the State Government and despite request being made for its demarcation and handing over the possession of the remaining land, the same has not been done which led to the filing of the petition by seeking following reliefs:-