AMIT DUBEY Vs. COLLECTOR, DISTRICT NARSINGHPUR

JUDGEMENT

(1.) Petitioners are residents of District Narsinghpur and doing agriculture. Respondent No.3 i.e. National Thermal Power Corporation, Gardarwara send a proposal on 11/04/2015 for acquisition of certain land in village Mankwara for construction of railway line for transportation of coal. Notification under Section 11 was issued in official gadget on 28/02/2014. Notification was published in local newspaper 'Deshbandhu' on 13/02/2015. Notices were issued to persons inviting their objections by Collector on 12/08/2015.

(2.) It is submitted by the counsel for the petitioners that petitioners were not included in the process and were not given proper opportunity to raise their grievances. Collector passed award under Section 37(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is argued by the counsel appearing for the petitioners that social impact assessment study was not carried out by respondents, as mandated in section 4 of the Act of 2013. Section 7 of the Act of 2013, which provides for assessment of social impact report by expert group was also not done. It was further alleged that the respondents violated Section 12 of the Act. It has been averred in the writ petition in ground 6.E that petitioners are willing to give up their land subject to payment of proper compensation. Petitioners have made a prayer in the writ petition for quashing of land acquisition proceedings and setting aside the award passed by the Collector. From the averment, which is made in the writ petition, it is clear that petitioners are interested in getting proper and just compensation for their lands which have been acquired by the respondents.

(3.) Respondents had filed their reply and stated therein that petitioners have not preferred any objection under Section 11 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The main object of the petitioners to file the present writ petition is to get enhanced compensation amount and therefore, they made a prayer for quashing of proceedings. Petitioners had not challenged the award passed under Section 37(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In absence of challenge to award, writ petition filed by the petitioners deserves to be dismissed. Respondents have also raised objection that there is alternate remedy of filing reference and therefore, writ petition deserves to be dismissed. The objection of alternate remedy has already been overruled by this Court vide order dated 14/12/2016. The present petitioners, who were 12 in number, have filed the writ petition in respect of acquisition of 25.95 acres of land. Respondents had acquired the land of about 112 farmers and had acquired total 117.55 acres of land. Petitioners have not preferred any objection under Section 15 and only for purpose of enhancement of compensation amount, legality of the procedure of acquisition of land has been challenged.