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2023 Supreme(Chh) 115

ARUP KUMAR GOSWAMI, NARENDRA KUMAR VYAS
Natural Collections (L. L. P. ) – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Manoj Paranjpe, Shreyansh Agrawal.
For the Respondents: Astha Shukla, Ashish Shrivastava, Rohishek Verma.

JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. This writ appeal has been filed under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 against the order dated 17.09.2018 passed by learned Single Judge in W.P. (C) No. 2540 of 2018 by which the writ petition filed by the petitioners has been dismissed holding that as the road on the land of the appellants had been constructed in housing development of Kamal Vihar Colony in the year 2012-13, the appellants are not entitled to get compensation as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act 2013”).

2. The brief facts, as projected by the appellants, are that respondent No. 3 had framed Kamal Vihar Town Development Scheme (for short “the Scheme”) under Section 38 (1) of M.P./C.G. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short “the Act 1973”). According to the Scheme, respondent No. 3 has to develop the land and handover 30% of the developed land to the land owners without any contribution from the land owners for their acquired land for development of the Scheme. It has also been contended that as per Section 56 of the Act, 1973,

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