BAJRANG LAL KEDIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally.

(2.) The land in question bearing Khasra No.38/5, area 0.27 acre situated at Village - Bhogahpara (Shivrinarayan), Tahsil-Nawagarh, Distt. Janjgir-Champa (CG), was owned by Nathulal. During the lifetime of said Nathulal, this land was acquired by the government and on 26.9.2000 an award (Annexure P/1) was passed in favour of said Nathulal and nine other land owners. The petitioner herein is son of late Nathulal who expired after passing of the award. As the land owner was assured by the government for providing alternative land and the same was not provided, the petitioner filed a writ petition i.e. W.P.(C) No.6484/2010 before this Court, which was disposed of by this Court on 12th November, 2010 (Annexure P/2) directing the petitioner to approach the government and in turn, the government was directed to take appropriate steps and pass orders in accordance with law expeditiously. Pursuant to this order, the petitioner had approached the government and on 11.11.2011 (Annexure P/3) an order was passed by the Dy. Collector/respondent No.3 that neither the alternative government land can be provided to the petitioner nor compensation can be paid to him as per market rate. Respondent No.3 has reiterated the award by saying that compensation of Rs.54,178/- has already been decided in favour of the petitioner and no change can be made in it.

(3.) The order dated 11.11.2011 passed by respondent No.3 was assailed by the petitioner before this Court in WPC No.338/2012, however, vide order dated 13.3.2013 (Annexure P/4) the said petition was disposed of granting liberty to the petitioner to assail the award dated 26.9.2000 by making reference under Section 18 of the Land Acquisition Act, 1894. Pursuant to this order, the petitioner by way of reference had approached the First Additional District Judge, Janjgir- Champa. However, vide order dated 30.12.2014 (Annexure P/5) his reference was rejected and the said order has been subjected to first appeal by the petitioner i.e. FA No.105/2015 which is listed today along with the present petition.