BALAJI REAL ESTATE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) IN this batch of writ petitions filed under Article 226 of the Constitution of India, the petitioners have sought for quashment of the Kamal Vihar Town Development Scheme No.4 (hereinafter referred to as the "Scheme/TDS") planned, developed and in the process of execution by the Raipur Development Authority (in short "RDA"). In some petitions, the petitioners have made alternative prayer seeking issuance of direction to the respondents to exclude the lands belonging to the petitioners from the said "Scheme".

(2.) ABOUT THE SCHEME : The respondent RDA has planned the Scheme comprising of 647.84 hectares of land situated at villages Dunda, Boriya Khurd, Tikrapara, Deopuri and Dumartarai (hereinafter referred to as the "subject villages") within the Raipur Planning Area to construct a modern township for the purpose of planned development of the growing city of Raipur, the capital of State of Chhattisgarh. The Scheme has been formulated under sections 49 & 50 of the C.G. Nagar Thatha Gram Nivesh Adhiniyam, 1973 (henceforth "the Adhiniyam/Act, 1973") and the RDA being an authority constituted under the said Act is implementing the said Scheme.

(3.) OUT of total number of 5095 land owners who are covered within the Scheme, initially only 685 have not consented for participation, therefore, the land belonging to these persons have been subjected to acquisition u/s 56 of the Act. However, out of these 685 land-owners, 150 more land owners have accorded consent to the Scheme at subsequent stages and 11 of them have already received compensation. As against 5095 land owners, only 39 land owners have preferred writ petitions which are disposed of by this common order. According to the learned counsel for the RDA, as against the Scheme area of 647.84 hectares, the area belonging to 39 petitioners covers an area of about 20 hectares only.