S ^ ^ E 'as'~ F"?. ^" % s .^~i SJNULE BENCH IN THE HIGH COURT OF CHHATTISCrARH AT BILASPUR WRIT PETITION (Q N0. ff5'5- <0 3 OF 2011 PETITIONER : Smt. Bhagwati W/o Sankhram, aged about 48 years, by Caste Gada, R/o Vmage-Deh, TahsU- Raigarh, Distt. Raigarh (C.G.) VERSUS RESPONDENTS : ^'~ ^ ^l- A&r^^ ^^^••- s^"" ^^y '^•"" State of Chhattisgarh, through Secretary, Department of Revenue, Mantralay, D.K.S. Bhawan Raipur, District- Raipur, (C.G.). Collector, Raigarh, Distt. Raigarh (C.G.) y 4; Executive Engineer, Kelo Project Saryeshan Division Raigarh, Distt. Raigarh (C.G.) Sub. Divisional Officer/ Land Acquisition OfEicer, Raigarh, Distt. Raigarh (C.G.). WRIT PETITION ITONDER ARTICLES^26 OF THE CONSTITUTION OF INDIA. /t"'\ \ \'\^!/ ';!!;S&»>3^S'i HIGH COURT OF CHHATTiSGARH : BiLASPUF WR!T PETmQN_(Q_NO, 5503 CF 201 1 c^ PETSTIONER Smt. Bhsawati Versus RESPONDENT State of Chhattisgarh & Others (Writ Petition under ArtJcie 228 of the Constitution of india) Sinsis Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Suni! Sahu, Advocate for the petitloner. Shri V.V.S.Murthy, Dy. Advocate Genera! for the State. ORDER (Passed on thjs 19th day of September, 2011) 1) Cha'lsnas in th's Detition is to the order dated 29.08.2009 (Annexure P-1), passed by the Sub Divisionai Officer(R Rsieiafh In Lsnd AcQuisition Csss No.20. & District Raiaarh (C.G.). nue)/ Land Acquisitlon Officer, A-82/06-07, viliage Barilya, Tahsli 2) Accord'ng to iearned counsel appearing for the petitioner, the petitione' is owner as weil as hoider of 4 Khasras admeasurina 7.70 acres of land in tots! at vjjiage Bariiya, Patwari Ha'ka No.15, R.l. Circle- Raigarh, Tahs'l & Distrlct Raigarh. Bhumi Swami right has been conferred on the petitioner on the above-stated ssn/ice iand. Shri Sahu, further submits that the iand has been acqu'red by the State Government for the purpose of Kelo Proiec* and the award was oassed on 29.08.2009 in resoect of ths iand owned by the petitionsr. No compensation was fixed on the ground that necesssry insfructions wsre sought from the State Government, but tiil date nothina has haooened. 3) • Shri Sahu. further submits that identica! 'ssue came UD before this Court in ^ simiiariy situated matters. This Court by order dated 01.07.2011, passed in W.P.(C) No.3439/2011 fPhoo/ Chand Ganda v. State of Chhattisgarh & Others) directed as undsr: "•'n view oi foregoing, this petivon is disposed of in terms of the order passed in W.P.{C) NO.Q239/2WS. ,'fte resooncients are accoKSngly, directed to consider the claisn of ^ ,'y 41 the petstioner for al'ioiment of a/femafe land jn p/ace of compensation as the land in dispate has flecome a oart or' the award which vested in the State Government. H is further directed to do the needful v/ithin a .oerioc' of six from the date of wcejpt of s copy of this 'n the event gn'evance of the petitioner sun/ives, jt Js open to the petitioner the ciasm for furtner (29 till sshok the- Shri Murthy, learned Dy. Advocate General appearing ior the State respondents submits that the issue with reaard to arant of compensation or aiiernative 'and Js already pending consideration before the State GovernrRent, the same sha!! be considered and decided, as expeditlously ss oossf&ie. 1" viev/ of foregoing, the writ petition stands disposed of, in the terms of the order passed Sn .Fhoo/ Chand Gana'a (supra). Sd/- Satish K. Agnihotri Judge