2024:CGHC:33259 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by PRAVEEN KUMAR SINHA WPC No. 4352 of 2024 Date:

2024.09.04

19:03:26 1 - Smt. Shushila Sahu, Aged About 56 Years Widow Of Late Triyuginarayan +0530 Sahu Resident Of Kargi Road Kota, Tehsil Kota, District Bilaspur Chhattisgarh 2 - Omprakash Sahu, Aged About 33 Years S/o Late Triyugi Narayan Sahu R/o Kargi Road Kota, Tehsil Kota, District Bilaspur Chhattisgarh 3 - Suryaprakash Sahu Aged About 30 Years S/o Late Triyugi Narayan Sahu R/o Kargi Road Kota, Tehsil Kota, District Bilaspur Chhattisgarh ... Petitioners versus

1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar Chhattisgarh 2 - State Of Chhattisgarh Through Secretary, Department Of Public Works Department Of Public Works Department Mahanadi Bhawan Raipur Chhattisgarh

3 - Collector Bilaspur, District Bilaspur Chhattisgarh

4 - Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Kota, Tehsil Kota, District Bilaspur Chhattisgarh

5 - Managing Director Chhattisgarh Road And Infrstructure Development Corporation Ltd. Civil Line Raipur Chhattisgarh 492001

6 - Project Manager (ADB Project) Chhattisgarh Road Development Project Public Works Department, Bilaspur Chhattisgarh ... Respondents For Petitioners : Mr. Rupesh Shrivastava, Advocate For Respondent/State : Mr. Shreyansh Mehta, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

30/08/2024

1. This writ petition is filed by the petitioners seeking following reliefs:-

“10.1.That, this Hon’ble Court may kindly be pleased to call the entire records pertaining to the case of the petitioners.

10.2. That, this Hon’ble Court may kindly be pleased to direct the respondents authority to make separate payments to the petitioners.

10.3 That this Hon’ble Court may kindly be pleased to direct the respondents authority to send the matter in reference to the Tribunal in compliance of Section 64 of the “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

10.4. Any other relief or relief (s) which this Hon’ble Court deems fit and proper in view of the facts and circumstances of the case, may also be granted. 10.5. Cost of the petition may also be awarded.”

2. Learned counsel for the petitioner submits that land subject matter of writ petition was acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the “Act of 2013”) . Prior to initiation of proceedings of the land acquisition, property subject matter of acquisition was partitioned between the petitioners. The partition of the property is also informed to Land Acquisition Officer by the concerned Tahsildar, however, land Acquisition Officer has not considered the letter written by Tahsildar and have passed an award on the undivided property recorded in name of husband of petitioner No.1 and father of petitioners No. 2 & 3. Thereby the petitioners were deprived of the appropriate amount of compensation. If the compensation would have been calculated after taking into consideration the partition of the property fell in their respective share, each of the petitioner would have got higher amount of compensation. Petitioners submitted representation before the Land Acquisition Officer, however, no action has been taken on the same. 3. Learned counsel for the State raises an objection with regard to maintainability of the writ petition and would submit that the grievance of the petitioners is that, they are entitled for more amount of compensation than what is calculated and awarded by Land Acquisition Officer for which the petitioner is having efficacious remedy under Section 64 of the Act of 2013 Petitioners have not filed any document to show that any application is filed before the Collector under the provision of Section 64 of the Act of 2013.

4. In view of the facts of the case, g