ANITA AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) In the present writ applications, the legality and validity of the notification dated 04.12014 which is Notification No.F-4-28/Seven-1/2014 issued by the State Government under Section 30(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act of 2013') is under challenge. The said notification is Annexure P/1. Petitioners are aggrieved by the fact that by said notification the State Government has fixed multiplier of 1.00 (one) in calculating the compensation for lands situated in rural areas across the State. Land of the Petitioners' were acquired by the Respondent/State authorities for various reasons across the State. While calculating the award, the Respondent authorities keeping in mind the notification dated 04.12014 (Annexure P/1), decided to apply the multiplier of 1.00 when the statue itself provided multiplier ranging from 1.00 (one) to 00 (two).

(3.) It is the contention for the counsel for the Petitioners that the said notification is against the spirit and object of the legislation since the legislature themselves have fixed the multiplier ranging from 1.00 to 2.00 depending upon the location of the land in the rural areas. Further the rural area from civilization or an urban location more the multiplier. This is so because land being the sole source of livelihood for village people and since the value of land in the remote or rural areas is on the lesser side, therefore, a better compensation is required to be paid for such land by a higher multiplier.