High CourtsSingle Bench(2018) 03 CHH CK 0187

BALRAM NONIYA vs STATE OF CHHATTISGARH

Chhattisgarh High Court · Decided on 5 March 2018

HON’BLE JUDGES
SANJAY K. AGRAWAL
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 565, 572, of 2018

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Judgment

15 paragraphs · 295 words
1.

Mr. B. D.Guru, learned counsel for the petitioners, would submit that the petitioners' consent for purchasing their land under the Government

scheme “vkilh lgefr ls Hkwfe dz; fufr 2016†has been taken by the respondent-State and work has been started by filling murum on their land, but

compensation as promised has not been paid to them.

2.

Mr. B.Gopa Kumar, learned Deputy Advocate General for the respondents, would submit that in the meanwhile, new scheme for payment of

compensation has been pronounced by the State Government under which the petitioners have declined to accept offer and they are not ready and

willing to give their land. He would further submit that if the petitioners are not ready and willing to give their land in accordance with the new scheme,

land will be reverted to them as only murum has been filled in the land owned by the petitioners.

3.

Learned counsel for the petitioners submit that in view of above-stated statement, the respondents be directed to restore their land in original

condition as the petitioners are not ready and willing to give their land in accordance with the new scheme as very low compensation is being offered

to them.

4.

In view of above, the respondents are directed to restore the possession of land of the petitioners in their favour within a period of 15 days from

today in the actual condition on which their land was taken. Since the petitioners' land has already been taken and work had also started they are

deprived of their land and its enjoyment for more than four months, therefore, the petitioners will be entitled for cost of ₹ 5000/- from the State

Government.

5.

With the aforesaid observation, the writ petitions finally stand disposed of. No cost(s).