Yashwant Kumar vs State Of Chhattisgarh & Ors.

By filing the present petition, the petitioner assails the inaction on the part of the respondent authorities in not granting compensation for the additional land admeasuring 1248 square metres, stated to have been utilised for construction of the National Highway. The petitioner has prayed for following relief(s):-

Learned counsel for the petitioner submits that the land bearing Khasra No.192/1A, admeasuring 0.040 hectare, was acquired by the respondent authorities pursuant to the acquisition proceedings and an award was passed on 27.09.2016. However, the petitioner had specifically objected before the Land Acquisition Officer that, apart from the aforesaid acquired area, an additional area was also being affected by the construction of the road. It is further submitted that, upon an application made by the petitioner for demarcation, a Panchnama/demarcation report dated 09.05.2019 was prepared by the Revenue Authorities, wherein it was found that the existing PWD road was measuring 26 x 48 metres and that an additional area of 1248 square metres of the petitioner’s land had been affected/utilised in the construction of the road, which had not been included in the acquisition proceedings. The said report further recorded that the aforesaid land was required to be acquired or purchased by the Government.

Learned counsel for the petitioner submits that despite the aforesaid demarcation report and despite the fact that the additional land of the petitioner has been utilised for construction of the National Highway, no compensation has been paid to the petitioner in respect thereof. It is further submitted that in an identical matter concerning the land of another landowner, namely, Mathura Bai, this Court, in WPC No.797/2017, had directed the respondent authorities to take expeditious steps for payment of compensation for the land which had been utilised for construction of the National Highway, pursuant to which an award was subsequently passed on 23.01.2019 granting compensation for the additional land so utilised.

Learned counsel for the petitioner further submits that the petitioner has already approached the respondent authorities by way of a representation dated 13.08.2019 seeking grant of compensation for the aforesaid additional land admeasuring 1248 square metres, which has allegedly been utilised in construction of the National Highway. However, the said representation has not been considered and decided till date. It is, therefore, submitted that, at this stage, the petitioner would be satisfied if the competent authority is directed to consider and decide the pending representation in accordance with law.

Learned State counsel, on the other hand, submits that the return has not yet been filed on behalf of the respondent authorities and, therefore, the factual and legal aspects involved in the matter may not be adjudicated upon on merits at this stage.

Having heard learned counsel for the parties and considering the nature of the grievance raised by the petitioner, particularly in view of the fact that the petitioner has already submitted a representation before the competent authority seeking compensation in respect of the additional land stated to have been utilised in construction of the National Highway, this Court is of the view that the representation deserves to be considered by the competent authority.

Accordingly, the respondent authority concerned is directed to consider and decide the representation submitted by the petitioner seeking grant of compensation in respect of the additional land admeasuring 1248 square metres, stated to have been utilised for construction of the National Highway, strictly in accordance with law, by passing a reasoned and speaking order, within a period of 60 days from the date of production of a certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner for compensation. The competent authority shall consider the representation independently and take a decision in accordance with the applicable provisions of law and the material available on record.

With the aforesaid direction, the present petition stands disposed of. There shall be no order as to costs.

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