SIYARAM KURRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As common question of law and facts are involved in all the aforesaid bunch of Writ Petitions (Cr.) and Writ Petition (C), they heard analogously and are being disposed of by this common order.

(2.) By filing all these Writ Petitions (Cr.), the petitioners who are either Government Officials or the land losers have assailed the report dtd. 30/7/2019 given by respondent No.2/Collector Bastar and on the basis of this report, First Information Report dtd. 4/8/2019 was registered in connection with Crime No. 409/2019 at Police Station Kotwali, Jagdalpur, District- Bastar under Ss. 109, 120-B, 467, 468, 471, 406, 407, 408 and 409 of IPC and two letters bearing Nos. 1274 and 1283 dated 5- 8-2019 issued by respondent No.3/Station House Officer to respondent No.4 Bank seeking to freeze the Bank Account Nos. 101202000007188, 10120400000117 and 10120100010115 of the respective petitioners on various facts and grounds which will be dealt with separately with regard to individual petitioners in foregoing paragraphs of this order.

(3.) The brief facts as projected by the petitioner in WPCR No. 1031 of 2019 are that the petitioner is a tribal belonging to Nagwanshi Tribe. The State of Chhattisgarh by issuing the notification dtd. 2/7/2014 has notified Ward No.37 of Jagdalpur as Lok Manya Tilak Ward and its boundaries are near to and adjoining village Palli in Bastar District. On 28/8/2015 the Central Government issued a notification exercising powers under Sec. 105(3) of the Right to Compensation Act 2013 (for short, "the Act, 2013"), by which certain provisions of the Act, 2013 have been made applicable. Thereafter, on 4/4/2016 the Government of India issued a notification under Sec. 2(37-A) of the Railways Act for notifying the Special Railway Project in the State of Chhattisgarh between Rowghat - Jagdalpur (140 km.) part of Dailirajhara -Jagdalpur 235 km. railway line. The said special railway project was to be constructed for providing better infrastructure. It has been further stated that the Central Government notified the rules for the purpose of special railway projects vide notification dtd. 23/6/2016 and thereafter vide order dtd. 20/1/2017 has appointed competent authority as defined under Sec. 2(7A) of the Railways Act to perform the functions of the competent authority for such area as may be specified in the notification and accordingly for Bastar District, Additional Collector was appointed as competent authority to determine the compensation.