Assignees of government land granted Patta with Bhumiswami rights are entitled to full market value compensation for the land upon acquisition for public purpose, treating them as owners rather than encroachers.

Order on Board

With the consent of learned counsel for the parties, the matter is heard finally.

1. This Writ Petition under Article 226 of the Constitution of India has been filed for the followings reliefs:-

"I. That, this Hon'ble Court may kindly be pleased to call for the entire records of the case.

II. That, this Hon'ble Court may kindly be pleased to quash order dated 26.05.2020 issued by respondent No.5 (Annexure-P/1)

III. That, this Hon'ble Court may kindly be pleased to direct the respondents authorities to acquire the petitioner land only after following the due process of law and the respondents authorities may be further directed to grant suitable compensation and pass award in lieu of acquisition of the petitioner.

IV. Any other relief/reliefs which may deem fit and proper in the facts and circumstances of the case may also be allowed."

2. Learned counsel for the petitioner submits that the petitioner was granted a Patta (Annexure-P/2) for the land bearing Khasra No.722, admeasuring 210 Sq. Mtr. situated at Village Jarhagaon, Tahsil Mungeli, where he has constructed his house. On 26.05.2020, notice (Annexure-P/1) was served upon the petitioner, stating therein that he had encroached on Government land and constructed Kaccha and Pakka House which is required to be demolished for the widening of the Bilaspur-Takhatpur-Mungeli Road (National Highway No. 130A). Subsequently, without following the due process of law, proceedings for acquiring the land of the petitioner were initiated, despite the fact that the petitioner holds a Patta (Annexure-P/2) issued in Case No. 47/A-66/2016-17 on 17.03.2017. He further submits that, as per the return of the State, an award passed on 29.12.2020 and a supplementary award passed on 14.06.2021 (Annexure-R/1) includes the land of the petitioner. In the said award, compensation was assessed at Rs. 5,57,2026/- in respect of the house of the petitioner, but no further proceedings have been conducted, and no compensation has been calculated in respect of the aforesaid land granted to the petitioner under Patta (Annexure-P/2). He submits that since the petitioner is entitled to get compensation also in respect of aforesaid land, therefore, this petition may be disposed of at this stage with a direction to the respondents/Authorities to grant compensation in respect of the aforesaid land in accordance with the law within a stipulated time frame.

3. Per contra, the learned State counsel, referring to his return, submits that when the award was passed, the aforesaid land was recorded as government land in the government records, therefore, compensation was only assessed in respect of the house of the petitioner. He further submits that if Patta would have been granted to the petitioner, then it would have recorded in Revenue document, but it was not so, therefore, the petitioner is not entitled to get compensation in respect of land also.

4. Learned counsel for Union of India/respondents No. 5 and 6 have also filed their return. Mr. Ramakant Mishra, learned DSGI, submits that since the Patta (Annexure-P/2) of said land issued in favour of the petitioner was an Abadi Patta, as such said land itself is government land. As the land is acquired for a public purpose, the petitioner cannot be placed at par with the owner of the land, hence, he is not entitled to get compensation in res