VEDRAM BAGHEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition under Article 226 of the Constitution of India is to the order passed by the Board of Revenue on 13.02.2018, which in turn has affirmed the order passed by the Additional Commissioner, Raipur Division on 29.06.2017 rejecting petitioners' prayer for exchange of land.

(2.) Petitioners are owner of a tank known as 'Bade Talab' on Khasra No.945 and 946, Area 2.29 and 0.77 Hectares at Village and Gram Panchayat Sakri, District Baloda Bazar. The villagers of Village Sakri exercise nistari rights over the said tank and an entry to the said effect is recorded in Wazib-ul-urz of the village.

(3.) On 17.07.2012, the Gram Panchayat Sakri through its Sarpanch moved an application before the Collector, Baloda Bazar for acquisition of the petitioners' tank in public interest in exchange of allotment of 8.27 Acres of grass land bearing Khasra No.1153 to the petitioners. The Gram Panchayat also passed a resolution to the said effect. The Revenue Inspector, Baloda Bazar submitted a report about the value of petitioners' land and the value of the land to be exchanged. A recommendation was made by the Tehsildar, Baloda Bazar before the SDO (Revenue), Baloda Bazar, however, the said SDO (Revenue) disagreed with the recommendation sent by the Tehsildar, based on which the Collector, Baloda Bazar rejected the prayer for exchange of land.