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Judgment
Hon’ble Mr. Justice Amitendra Kishore Prasad
Learned counsel for the petitioners submits that this Writ Petition has been filed for a direction to the Collector, Janjgir District Janjgir Champa to decide the application of Respondent No.6 under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 {for short “the Act of 2013”} for grant of compensation in lieu of petitioners’ land being acquired by the respondent authorities bearing Khasra No.792/2k situated at village Hardi Vishal, Tahsil Baloda, District Janjgir Champa, for construction of Highway road from Bilaspur to Ugra.
Learned counsel for the petitioners submits that earlier, respondents Nos.6 & 7 had approached this Court by filing WPC No.3158 of 2022 {Lambardar and Another vs. State of Chhattisgarh and others}. In the said case, petitioners herein were made private respondents Nos.6 to 14.
Learned counsel for the petitioners submits that petitioners and private respondents Nos.6 & 7 herein disputed the entitlement of compensation in that petition and this Court vide order dated 01.04.2024 disposed of the said petition and granted the petitioners therein a liberty to file an application under Section 64 of the Act of 2013 before the Collector and the Collector was directed to decide the application on such an application being filed.
Learned counsel for the petitioners submits that in compliance of directions given in order dated 01.04.2024 passed in WPC No.3158 of 2022, Respondent No.6 approached the Collector under Section 64 of the Act of 2013, in which, petitioners have also submitted their reply and representation dated 19.03.2025 (Annexure P/7), however, till date the application of Respondent No.6 under Section 64 of the Act of 2013 has not been decided, therefore, direction may be issued to Collector to decide the said application under Section 64 of the Act of 2013.
On the other hand, learned State counsel submits that this Court vide order dated 01.04.2024 had directed the Collector to decide the application under Section 64 of the Act of 2013, expeditiously and if it has not been decided till date, it will be decided within 45 days from the date of receipt of a copy of this order.
Be that as it may, since the matter is pending since 2024 and this Writ Petition has been filed for a limited direction, as such, this Writ Petition is disposed of with a direction to Collector, Janjgir, District Janjgir Champa C.G. to decide the application under Section 64 of the Act of 2013 within a period of 45 days from the date of receipt of a copy of this order, in an expeditious manner, in accordance with law.
It is made clear that nothing in this order shall be construed as an opinion on the merits of the case and the Collector shall decide the application on its own merits, in accordance with law.