MALIKRAM KHADIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri Hariom Rai, learned counsel for the petitioners submits that the petitioners are resident of Village-Chotiguda, Tahsil-Gharghoda, District-Raigarh. All the petitioners were owning agricultural land in their name and was entered into revenue records, details of which are mentioned in the writ petition. He contended that land of the petitioners were acquired for construction of NTPC Talaipali Project. At the time of acquisition proceedings, amount of compensation has been calculated, but the amount of compensation as provided under Second Schedule appended to The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act") has not been awarded to them. The petitioners who are the poor villagers, after getting the knowledge that entire amount of compensation for which they are entitled, was not awarded to them have submitted representation before respondent No. 5, but that has not been considered till date. He submits that respondent No. 5 may be directed to consider and decide representation of the petitioners at the earliest.

(2.) Shri B.D. Guru, learned counsel for respondent No. 5 would submit that respondent No. 5 is not the competent authority to consider and decide the claim of petitioners alone but it is the respondents No. 2 and 4 who have to consider the claim of petitioners after conducting proper inquiry. It is for them to pass appropriate award enhancing the amount of compensation if any as prayed for by the petitioners. He also submits that the petitioners have not placed any document on record to show that they have also made representation before respondents No. 3 and 4. Hence, no relief can be granted to the petitioners.

(3.) Ms. Priyamvada Singh, learned counsel for the State adopts submission of learned counsel for respondent No. 5 and submits that petitioners have not submitted any representation for consideration before respondents 3 and 4.