BENI RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Sushobhit Singh, learned counsel for the appellant as well as Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing for the State/respondents No.1 to 3 and Mr. Sanjay Patel, learned counsel, appearing for respondent No.4.

(2.) This writ appeal has been filed against an order dtd. 16/1/2023 passed by the learned Single Judge in Writ Petition (C) No.1226 of 2015, by which, the learned Single Judge dismissed the writ petition filed by the appellant / writ petitioner.

(3.) The whole dispute in the writ petition revolved around the property that situates at Khasra No. 35/4 measuring 1.13 acres situated at Dumar Talab Village Kota, Mahoba Bazar P.S. Amanaka District Raipur. The said property was owned by the ancestor of the appellant and in succession the property came in the name of the appellant. The proceedings under the Urban Land (Ceiling and Regulation) Act 1976 was initiated in respect of the aforesaid property way back on 22/8/1989. In between, the respondent No. 4 moved a proposal for raising of a Housing Board colony at the aforesaid site, which falls at Patwari Halka No. 107. Accepting the same, the respondent No.1 initiated a land acquisition proceedings of the said area. Sec. 6 notification under the Land Acquisition Act of 1894 was published on 6/6/1989 and Sec. 9 notification (Annexure P/2) was published on 17/12/2019. Both these notifications reflected the property of the appellant i.e. Khasra No. 35/4. However, later the final award was passed invoking the Urgency Clause under Sec. 17 of the Act 1894 on 4/7/1991. It is pertinent to mention here at the juncture that when the final award was passed on 4/7/1991, the property of the appellant i.e. Khasra No. 35/4 stood excluded from the said award. The property of the appellant stood excluded from the said proceedings, in view of the proceeding drawn under the Urban Land (Ceiling & Regulation) Act 1976 which stood initiated on22/8/1989. The appellant was noticed under the aforesaid Ceiling Act and he was duly represented before the authorities under the Ceiling Act. Finally, the notification under Sec. 10(1) of the aforesaid Ceiling Act of 1976 was published on 3/7/1993 and the final notification under Sec. 10(3) of the aforesaid Act of 1976 was published on 1/2/1997.