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Judgment
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
This petition has been preferred by the petitioners under Article 226 of the Constitution of India seeking following reliefs:-
“10.1That, this Hon'ble Court kindly be pleased to direct the respondents authorities to initiate the acquisition proceeding on the basis of spot inspection conducted on 24.01.2024 and conclude the same within the time frame.
10.2That this Hon'ble Court kindly be pleased to direct the respondents for granting interest under Section 80 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act from the date of dispossession.
10.3Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.”
Learned counsel for the petitioners submits that petitioners No.1 to 5 are the respective owners of land bearing Khasra Nos.7/9, 7/7, 7/4, 7/10 and 7/8, each admeasuring 0.0470 hectare, situated at Village Chandeli, Tahsil Chandrapur, District Sakti (C.G.). It is further submitted that after construction of the Kalma Bairaj, a portion of the petitioners' agricultural land has come under the submergence area of the said Bairaj. However, no acquisition proceedings have been drawn with respect to the petitioners' land falling under the submergence area. Therefore, it is prayed that at this stage liberty may be granted to the petitioners to file a fresh representation for redressal of their grievances, and a direction be issued to the respondent authorities. (respondents No.2 & 3) to decide the representation, initiate acquisition proceedings, and grant compensation to the petitioners.
Learned State counsel submits that the present petition may be disposed of with appropriate direction.
Having considered the limited prayer made by counsel for petitioners, without entering into the merits of the case, this petition is disposed of granting liberty to the petitioners to file a fresh representation before respondent authorities along with all necessary documents and a copy of this order, within a period of 15 days from today. In the eventuality of filing such representation by the petitioners, the respondent authorities are directed to get demarcated the subject land of petitioners within a further period of 45 days from the date of filing of representation, and if it is found that the said land of petitioners has come in submergence/affected area of the said Bairaj, then appropriate proceedings be initiated for grant of compensation to the petitioners.
The aforesaid proceedings with regard to acquisition and grant of compensation be concluded within a further period of 90 days from the date of demarcation of aforesaid land of petitioners.
With the aforesaid observation and direction, this writ petition stands disposed of.
Interlocutory application(s), pending if any, also stands disposed of.