^^ IN THE HON'BLE HI6H COURT OF CHHATTISGARH AT BILASPUR (C.G.) W. P. fONo.^6^ of 2011 PETETEONER ^^.^ ^..;.^5<..-1:-' .-^>?y>1' Banshilal Sidar, S/o Sonsai Sidar, aged about 30 years, R/o Village-Kavlajhar, Tahsil-Dabhra, Dsitrict-Janjgir-Champa (C.G.) ?> ^^\'i >,^' '^-" £^v .\.-+- RESPONDENTS VERSUS ;1. ffSiS / '•;.h\ 2. 3. State of Chhattisgarh Through Secretary, Water Resources Department, D.K.S. Bhawan, Raipur (C.6.) The Collector, Janjgir, District- Janjgir-Champa (C.6.) The Land Acquisition Officer, Hasdeo Bango Pariyojna, Sakti, Distnct- Janjgir-Champa (C.6.) Sub-Divisional Officer, Minimata Bango Canal Sub Division 10, Malkharoda, District-Janjgir-Champa (C.G.) WRIT PETCTION UNDER ARTECLE 226 OF THE CONSTETUTCON OF INDIA 4. ?:1 !>M i.iteililBl^^gg' ^'t, f^; ^ F^ >r\y~; A ^r &"<J ^ J ^^ \A^^rf OC'TsT^^^^3 !'f"s'-\ ^Ar\ ^tS^-iS: -•'"'-.'s^ Ara-^/i yvn:.^ i rr& ^ i i j\^;^ ii-f^ r^^. '•to^o ^r <^.y E ^ ^UF' ^ I^rf- .1 ^ -—^ 'L^.. - ^ \J ^ ^ ^ '7-lf^l -T- ~ .'~^,-^^. f SE^; iS! ;!;£.;! -i^uUi^; V^a&US? State of Chhattisgarh & Others sf'tion uncer Articie 228 ofthe Constitution of india) Singje Ssnch : Hon'ble Shri Satish K. Acnihotri. J. •ssent:- Shri H.S.Patei, Advocate forthe petitioner. Shri V.V.S.IVurthv, Dy. Advocate Qsnerai for the State. °// 'Passed nn thte 10'" dav nf Oftnber 7011') f^.^w^r^r-ws ~^t :1 •-,• ^i-^rf i ^-' t-q VE^ '^•^ ^^•^flTTwF*<-':^ld ^ ^—-rfi > ^ Bv this Detition, the ostitioner seeks a directlon to ths respondent suthoritiss to comoute /acquire the irrigated land of the Detitioner bsaring Khasra No.72S, admeasurina area 1.14 acres. sn view of ths orovisions of the Land Acauisition Act, 1 S94 (for short "the Act, 1B94"} and further direct the resDondents to grant compensaiion to the oemioner and siso award intersst on comDensation arnount frorn the dsts of Dossession to ths date of arsntSna comoensation. Ths facts, in nutsheii. as proiected by the Detltioner. ars that the ostltioner is bhun-1-sv/ami cf ths irriaated iand bearina Khasra No.726, aciniossuf^HQ 3rss 1,14 scrss. situatsd st vlilsoo Nsolhsr, Pstwsri Ha;ka No.11, R.i. C:rcie & Tahsi! Maikharoda, District Janjgir-Champa. A oart of the gbove stated !and came under submergence in construction of a cana! under the Hasdeo Banqo Parivoina constructed bv ths State Gova'-nment in the vear 2003-04. without acquisitjon and Davment or CQmDenssBon, The oetltioner made a rsDrssentation for comDutation and arant of oroosr comDensaiion to the author'ties time and again and rscentiy on 01SI MareR, 2011 & 20"1 Aprii, 2011 (Annexure P-4 coily.). The Coiiector directed the Land Acauisjtjon Officei- vide ietter dated "Q<^?'^—- v^ 10 March, 2011 to take actions for payment of CQmpensation. Til! daie. notning has haooened and no comDensation has been oaid. Snri Murthy, learned Dy. Advocate Generai appearing for the State submiis that the Government had already taken a decision to initiate iroceedings under the provisions of the Aet, 1894 for determination of compensation and making payment thereof, as early as possible. Heard iearned counsei appearing for the parties, perused the oleadinas and documents aDDended thereto. Article 300A of t'ne Constltution of India was Inserted bv the C-onstitution (Forty-fourth Amendment) Act, 1978 (w.e.f. 20 June, 1979), after t'ne fundamentai rlght to property vras deieted from the provisions of the Constitution of india. Article 300A provides thaf no person shaii be deprived of his property save by authority of law. The right to property is a constitutionai right and the iand of the petitioner could not have been taken without foilowing the process of law. The Act, 1894, provides for publicatlon of preilminaiy noiification under section 4 of the Act, 1894, expressing intention of the Government to acquire the iand for any pubiic purposs. Section 5A of the Act, 1894, provides for hearing of objections and thereafter Dubiication of declaration of intended acquisition under Sectlon 6 foHowed by other provisions providing for compensation to be computed and paid in accordance with the provisions of the Act, 1894 and the passing ofthe award under Section 11. In the case on hand, the petitioner has been deprived of his constitutional ri.ght as enshrined under Article 300A of the Constitution of india, since the day, the land came under submergence in the canal constructed bv the State Government. The submission of the State counsei that the Govemment proposes to issue notific^tion wouid not achieve the fuil object ofthe provisions ofthe Act, as the objection can be raised only in respect ofthe compensation not any other respects. 4;- ashok 9. -i Thus, it 'ts just and proper to direct the authoriiies to take immediate steps to compute the compensation amount and pay the interest from the date of possession, till the amount is paid. The Supreme Court in State ofPunjab v. Amarjit Singh and Anather^ obsen/ec? as under: "^f f'2. Thus a person whose land is acquired is entstied to the foliowing amounts under the Act: (s) xxx xxx xxx (b) xxx xxx xxx (c) xxx xxx xxx (d) interest on ffise aggregate of (a), (b) and (c) above for the period between tfTe date of taking possession fo the cfate ofpayment/deposit at the rate o/ 9% per annum for the first year and 15% per annum fbr the remaining perksd" 10. It is accordingiy ordered that the respondents shail.invite objection of the petitioner in respect of the compensaiion, there^fter, compute the compensation and pay the said compensation with solatium and interest thereon in accordance with iaw, to the !andowner, as eariy as possibte, preferabty within a period of four months. 11. Having regard to the facts situation ofthe case, wherein, the petitioner was deorived of his constitutionai ria.hts for a Deriod of about ten vears, it is expedieni to award a sum of Rs.1,00,000/- (One lakh) as cost to the petitioner. 12. In view of foregoing, the petition is ailowed to the above-extent. ii':. Sd/- 3SATBH K. ANGNMOM Judge 1