GANPAT RAM CHELKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this review petition, the review petitioners have sought recall/modification of the order dtd. 22/4/2024, passed in WPC No. 4883 of 2023.

(2.) Learned counsel for the review petitioners submits that land of the petitioners was acquired for construction of road, but the amount of compensation was not paid prior to 26/9/2013, and therefore, direction should have been passed to make payment of compensation according to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013( for short "Act, 2013"). It is also submitted that the law on the subject is clear and unambiguous and non-compliance has resulted into a miscarriage of justice, which is apparent on the face of record. He would refer Sec. 24 of the Act, 2013 which states that if the compensation has not been paid to the beneficiary and award has been passed five years or more prior to the commencement of the Act, 2013 then the acquisition proceeding shall deemed to have lapsed and new acquisition proceedings has to be initiated in accordance with the provisions of new Act of 2013. He would further submit that the order passed in WPC No. 4883 of 2023, whereby, the State authorities were directed to make payment of compensation of Rs.1944.80 to the petitioner would lead to miscarriage of justice. Thus, he would pray to re-call the order passed in WPC No. 4883 of 2023 dtd. 22/4/2024.

(3.) On the other hand, learned counsel appearing for the State would oppose the submissions made by Mr. Animesh Verma, Advocate.