HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION No. 2450 of 2004 Narsingh Das Bagdi. Versus State of Chhattisgarh & Others Post for pronouncement ofjudgment on ”2.0..haay of August, 2009 Sdl— Satish K- Agnihwi Judge HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. 2450 of 2004 Narsingh Das Bagdi S/o Shri Moolchand Bagdi, aged about 72 years, R/o ‘B’ Block, Farishta Complex, First Floor, Raipur, Tahsil & Distt. Raipur (CG). PETITIONERS / VERSUS 1. State of Chhattisgarh, through Secrexary, Town and Country Planning Department, Mantralaya, DKS Bhawan, GE Road, Raipur (CG). 2. The Municipal Corporation, Raipur, Through Commissioner, Municipal Corporation, Raipur (C.G.) 3. The Collector, Raipur (CG) W WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Prashant Jaiswal, Senior Advocate with Shri Alok Nigam, Advocate for Shri the M.P.S.Bhatia, petitioner Deputy Government Advocate for the State/respondents 1 Shri and Ashish 3. Shrivastava, Advocate for the respondent No.2. UDGMENT Lt‘; (Passed on 261Lday of August, 2009) l. The petitioner seeks following reliefs: “l. That the Hon’ble Court be pleased to quash, Annexure P/ll by issuing a writ of certiorari. 2. That the Hon’ble Court be pleased to direct the respondents to .Tikrapara give possession RC. No. of 114 thev’ Khasra land—in—question No. 329/1, situated 4 area at 1.02 village acres included in Katora'Talab Yogna Sector 5, Tahsil and District Raipur (MR) by issuing a writ of mandamus. OR/ELSE “ 3. That the Hon’ble Court be pleased to direct the respondents to award compensation to the petitioner to the xty tune one thousand of Rs. > only) 1,34,61,000/- for illegal (Rs. transfer One crore and sale thirty of four land~in—question lakhs si in favour of third person, by issuing a writ in the nature of mandamus. 4. writs, That order the Hon’ble or orders, Court direction be pleased or directions, to issue deemed any other tit writ in the or interest ofjustice.” “k The facts, in nutshell, as projected by the petitioner, are that the petitioner claims to be the owner of land bearing Khasta N0. 329/1, 4 area 1.02 acres, P.C. No. 114, situated at village Tikrapara, District Raipur. The Raipur Development Authority sold almost the entire land of the petitioner except plot No. C-63 and C-65 to the different parties. The petitioner has purchased the petition scheduled land by registered sale deed dated 10th June, 1966 from Chandra Bhaga Bai and others (Annexure P/l). The Raipur Development Authority (for short ‘the RDA’) vide communication dated 29”“ October, 1992 (Annexure P/2) informed the petitioner to get the petition scheduled land numbered and demarcated for acquisition of the said land on mutual agreement. The petitioner sent a letter to the Chief Executive Officer, RDA on 5th March, 1993 (Annexure P/3) stating that the petition scheduled land has been demarcated by order dated 18m August, 1992 (Annexure P/4) passed by the Naib Tehsildar, Raipur. The petitioner submitted relevant documents i.e. Kistbandi Khatauni, map of the petition scheduled land and accordingly he was invited for discussion/negotiation on‘ 12m June, 1999. The negotiations failed, thereafter, the petitioner again wrote a letter to the respondent No. 2 on 7m April, 2000 for awarding compensation or giving alternate land. The respondents have taken over the possession of the petition scheduled land long back illegally. Thereafter, the plots were made and sold to other persons. 'As per notification issued by the respondent No. 3, cost of the petition scheduled land was declared as Rs. 300/— per sq‘ft. The total price comes out to be Rs. 1,34,61,000/-. 1n the meantime, the petition scheduled land bearing khasra no. 329/2 in total 1.02 acres was mortgaged with the United Commercial Bank on 3 13‘ of October, 1991 (Annexure P/12). Thus, the present petition for the above stated reliefs. Cbw Sd# $mwhK;Agmhm Judge