CHHATTISGARH HOUSING BOARD Vs. LAXMICHAND

JUDGEMENT

(1.) Heard Mr. Sanjay Patel, learned counsel for the appellant/Housing Board in WA No.41 of 2021 and Mr. Jitendra Pali, learned Deputy Advocate General, appearing for the appellants/State in WA No. 94 of 2021. Also heard Mr. V.V.S. Murthy, learned Senior Counsel, assisted by Mr. Shantanu Kumar, learned counsel, appearing for the private respondents in both the cases.

(2.) WA No. 41 of 2021 has been filed by appellants/Housing Board, who were respondents No. 2 and 3 in the writ petition and WA No. 94 of 2021 has been filed by the appellants/State, who were respondents No. 1 and 4 in the writ petition against an order dtd. 12/12/2019 passed by the learned Single Judge in WPC No.1431 of 2010 (Laxmichand and Others v. State of Chhattisgarh and Others), whereby the learned Single Judge set aside the impugned award dtd. 28/10/2009 and allowed the writ petition. Being aggrieved with the said order, the present writ appeals have been filed.

(3.) Undisputed facts are that the writ petitioners who were erstwhile owners of land, aggrieved by an award dtd. 28/10/2009 passed in Land Acquisition Proceeding No.190/A-82 whereby, upon acquisition of writ petitioners' land, compensation to the tune of Rs.7,74,057.00 was awarded. The respondent / Housing Board came out with the housing project of construction of houses in the city of Raipur. For the purposes of making available land towards development of housing project, at the initiative of the Housing Board, land acquisition proceedings were initiated by the Land Acquisition Officer by issuance of notification under Sec. 4 (1) of erstwhile Land Acquisition Act, 1894 (for short 'the Act of 1894'). In the said notification, admittedly, land belonging to writ petitioners, admeasuring 0.405 hectares, situated in khasra no.26 in Shankar Nagar, Raipur was also included. As the project was conceived to be urgent, urgency clause under Sec. 17 of the Act of 1894 was also invoked and a notification under Sec. 17 (1) was issued on 29/10/1976, which was followed by declaration under Sec. 6, vide notification dtd. 14/01/1977. On 15/04/1977, advance possession was also taken to facilitate development of housing colony. However, thereafter, the Land Acquisition Officer did not proceed further. As no compensation was paid to the petitioners, either before taking possession, as required under Sec. 17 itself, nor thereafter, nor any award passed by the Land Acquisition Officer, the petitioners finally approached this Court by filing writ petition i.e. W.P. No.1135/2001 seeking relief that the respondent / land acquisition officer be commanded to determine compensation under Sec. 11 of the Act of 1894 in respect of the land which was taken away from the writ petitioners. Prayer was also made that as no award was passed since the date of notification under Sec. 4 of the Act of 1894, entire land acquisition proceedings having lapsed under Sec. 11-A of the Act of 1894, petitioners be declared entitled to return of land.