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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2995 of 2020
1. Bhukhiabai, W/o Late Bhukhandas Aged About 46 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
2. Radheshyam, S/o Late Durjan Aged About 52 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
3. Latel, S/o Tangu, Aged About 80 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
4. Ajay Kumar, S/o Late Jeevandas, Aged About 42 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
5. Vasudas, S/o Late Arundas, Aged About 35 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
6. Rajesh Kumar, S/o Pandurang Raghotri, Aged About 46 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
7. Anil Kumar, S/o Asharam, Aged About 67 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
8. Babita, W/o Late Nain Kumar, Aged About 45 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
9. Shrinivas, S/o Asharam, Aged About 54 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
10.Ramesh, S/o Asharam, Aged About 50 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
11.Sarawati, W/o Santose, Aged About 46 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
12.Hireshlal S/o Khemlal, Aged About 45 Years, Residing Village Acholi, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh ---- Petitioners Versus
1. State Of Chhattisgarh, through the Principal Secretary, Revenue Mahanadi Bhavan, Mantralaya Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Collector District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
3. Sub Divisional Officer, (Revenue) Cum Land Acquisition Officer, Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
4. Additional Collector (Land Acquisition) Branch/Competent Authority, District Rajnandgaon
5. South East Central Railway Through General Manager, District/Zone Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent WPC No. 3018 of 2020
1. Mulchand, S/o Bidesi, Aged About 46 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
2. Tularam, S/o Bidesi, Aged About 45 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
3. Pushoo, S/o Somnath, Aged About 69 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
4. Prabhulal, S/o Kolhu, Aged About 45 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
5. Biswasa Bai, W/o Hincharam, Aged About 85 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
6. Kishun, S/o Bhagirathi, Aged About 66 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
7. Nohar, S/o Amru, Aged About 48 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
8. Khubdas, S/o Lt. Mahru, Aged About 55 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
9. Ramdev, S/o Milap, Aged About 50 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
10.Chaganlal, S/o Milap, Aged About 45 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
11.Kushal, S/o Lt. Bisoha, Aged About 48 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District :
Rajnandgaon, Chhattisgarh
12.Kuleshwar, S/o Gendelal Lodhi, Aged About 44 Years, R/o Village Nagtarai, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Petitioners Versus
1. State Of Chhattisgarh, through the Principal Secretary, Revenue Mahanadi Bhavan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Collector District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh
3. Sub Divisional Officer, (Revenue) cum Land Acquisition Officer, Dongargarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh
4. Additional Collector (Land Acquisition,) Branch/ Competent Authority, District Rajnandgaon, District : Rajnandgaon, Chhattisgarh
5. South Eastern Central Railway Through General Manager, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondents For Petitioners – Mr. Tarendra Kumar Jha, Advocate.
For State/Respondents No.1 to 4 – Ms. Akansha Jain, Deputy Govt. Advocate.
For Respondents No.5 – Mr. R.K. Gupta, Advocate.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
['Tarendra Kumar Jha', '', 'Bhaskar Jha', 'Narayan Prasad Thakur', 'Ganesh RAm Burman', 'A G', '', 'ABHISHEK SINHA', 'R K GUPTA', 'SWATI R GUPTA']
Order on Board
14-03-2022
1. Heard.
2. The petitioners in WPC 2995 of 2020 have brought this petition challenging the acquisition process and the award dated 14-02-2020. The petitioners in WPC No.3018 of 2020 are also challenging the acquisition process and the award dated 17-02-2020.
3. It is submitted by learned counsel for the petitioners in both the cases that the lands belonging to the petitioners in both the cases were acquired for construction of railway line, regarding which the declaration for acquisition was made on 26-12-2018 by the Ministry of Railways, Central Government. According to Sub-section (2) of Section 20F of the Railways Act, 1989 (in short 'the Act, 1989'), the competent authority was bound to pass an award within one year from the date of acquisition and on his failure to pass such award, the entire proceedings of acquisition of the land shall lapse. It is submitted that this provision is mandatory. In the present case the award for compensation was passed on 14-02-2020 in WPC No.2995 of 2020 and the same was passed on 17-02-2020 in WPC No.3018 of 2020 beyond the time limit of one year.
Therefore, the acquisition proceeding in both the cases have lapsed.
It is also submitted that the award passed in both the cases are not in compliance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'the Act, 2013'). The petitioners have been deprived of the benefits of Schedule 2 and 3 of the Act, 2013. Hence, the award in both the cases be set aside and appropriate relief be granted to the petitioners.
4. The State counsel representing respondents No.1, 2, 3 and 4 opposes the submission and submits that the delay has occurred for the reason that the State authorities were engaged in the election proceeding that were conducted in the year, 2019. Therefore, this delay is covered under provisio to Section 20F of the Act, 1989 which provides for relaxation up to the period of six months. Therefore, the award passed in both the cases are sustainable.
Hence, the petition may be dismissed and disposed off.
5. Learned counsel for respondent No.5 opposes the submission and submits that the present petition is not maintainable. The petitioners have opportunity to challenge the award in appeal under the provisions of Railways Act. Hence, both the petitions may be dismissed and disposed off.
6. Considered on the submissions. It is undisputed that award in both the cases have been passed beyond limitation of one year. The proviso to Sub- section (2) of Section 20F of the Act, 1989 provides that competent authority may, after the expiry of the period of limitation, if he is satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons to be recorded in writing, he may make the award within an extended period of six months. On perusal of the award dated 14-02-2020 in WPC No.2995 of 2020 in para 11 of the award there is found mention of the reason for delay in making the award. Similarly, in the award dated 17-02-2020 the reason for delay in passing the award is found mentioned in para 11 of the same award. Hence, in such a circumstance the petitioners do not draw any benefit of Section 20F(1) of the Act, 1989 and the acquisition proceeding in both the cases cannot be declared to have lapsed.
7. Another ground raised by the petitioners that should be governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and they have not been granted benefit accordingly under the scheme 2 and 3 of the Act, 2013. However, as the purpose of acquisition in both the cases had been development and extension of railway projects and the passing of award is also governed by the provisions of Act, 1989, therefore, in such state of things the petitioners have remedy available Sub-section (6) of Section 20F of the Act, 1989 for which the petitioners have liberty to make representation to the c
