CHIEF EXECUTIVE OFFICER Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) As common issues of law and facts are involved in the present batch of petitions, therefore, with the consent of learned counsel for the parties, the matter is heard finally and is disposed of by this common order.

(2.) The petitioner / The New Raipur Development Authority has challenged the orders passed by the Land Acquisition, Rehabilitation and Resettlement Tribunal, Raipur (C.G.) dtd. 10/5/2019.

(3.) The facts of the present cases are that the petitioner which is a statutory body constituted under the provisions of Chhattisgarh Nagar Tatha Nivesh Adhiniyam, 1973 applied before respondent No. 2 for the acquisition of lands at Village Tutta, Revenue Circle Abhanpur, District Raipur for a total area of 53.462 hectares of land. Respondent No. 2 initiated land acquisition proceedings according to the provisions of Sec. 9 of the Land Acquisition Act, 1894 (for short 'the Act, 1894') and a Land Acquisition Case No. 52/A-82/2010-11 was registered. A notification under Sec. 4 of the Act, 1894 was issued on 14/10/2011; the notification under Sec. 6 was issued on 6/7/2012 and thereafter notices under Sec. 9 of the Act, 1894 were issued to the respective land oustees. Finally, the award was passed by the concerned Land Acquisition Officer according to the provisions of Sec. 11 of the Act, 1894 on 8/10/2012. 10% lump sum amount of the award was initially deposited by the petitioner with the Land Acquisition Officer on 24/9/2011 and after the passing of the award; the remaining award amount was deposited on 23/10/2012. Notices were issued to the land oustees for collection of the compensation amount on 25/10/2012. Out of 47 numbers of affected persons, 26 did not turn up; therefore, a public notice was issued on 7/12/2016 in local newspapers by respondent No. 2.