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2024 Supreme(Chh) 293

SANJAY S. AGRAWAL
Dhurandar Builders & Developers, Through- Its partners- Keshav Dhurandar, S/o. Mahendra Dhurandhar – Appellant
Versus
State Of Chhattisgarh, Through- The Secretary, Revenue Department – Respondent


Advocates Appeared:
For the Petitioners: Shri Ashish Shrivastava, learned Senior Adv. appears along with Shri Rohishek Verma, Shri Aman Pandey & Shri Rahul Ambast, Advs.
For the Respondents: Shri Akhilesh Kumar, Govt. Adv. appears along with Shri Kishan Lal Sahu, Dy. Govt. Adv., Shri Sanjay Patel, Adv.

JUDGMENT :

1. By way of this petition, the petitioner is questioning the legality and propriety of the order dated 08.02.2012 and 16.02.2012 passed in Case No.23-A/82/2008-09 whereby the Respondent Authorities have dropped the land acquisition proceedings initiated for acquisition of its land bearing Khasra No.153/3 admeasuring 0.34 hectare and, praying for compensation of its land which is being used by Respondent No.4 alongwith the interest.

2. From perusal of the record, it appears that initially a proceeding for acquisition of land in question bearing Khasra No. 153/3 admeasuring 0.34 hectare situated at village Dangania, Tahsil and District Raipur was initiated against the vendors of the petitioner, namely, Dilip Kumar & Others for the purpose of providing the same to the Chhattisgarh Housing Board (hereinafter referred to as ‘The Housing Board’). The said proceeding was registered as Land Acquisition Case No. 288-A/82/1989-90, wherein, it was observed that since the proceeding for vesting of the alleged land was under the consideration of The Urban Land (Ceiling and Regulation) Act, 1976, therefore, it was not acquired when the award was passed by the Land Acquisition Officer

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