r \A/' ..-^ ^M^ .'\y ...^y ^t^' &•»'•' PETITIONER: '}£TQ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BHASPUR (CHHATTISGARH) ^vf WRIT PETITIONfC) N0^. /2008. T.P.Das, son of Late D.D.Das, aged about 78 years, Residence of Hemu Nagar, Presehtly residiag at A-301, Shri Amba Apartment Shiv&ji Marg, Tikrapara, Bilaspur, Chhattisgarh. Versus Respondent: Municipal Corporation of Bilaspur, Through Commissioner, MTMiicipal Corporation of Bilaspur,_District BUaspur, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^ HIOH GOURT OF CHHATTIS8ARH s BILASPUR Sinate Bench: Hon'ble Shri Manintlra Mohan Shrivartaltfa. J. PETITIONER RESPONDENT Presenfc - WRITPETn'ION(C)Na882n2<)08.. T.P. Das Venu» Munictpal GorporaUorKtf BNaspur. Shri C.Jayant K.l^io, counsdl fc>r ttw petitioner. , Shri Ashutosh Singh fechhawaha, counsel fw the t^rontfent: ORALORDER "" " -"-" •-"--•1" (Passed on 3rd January, 2011) By this peUtion, the petitioner has pre^ed for lasuance <rf direottonj&th*. nature of mandamus direcUng the respondent to grant compensation in liey of acqulstUon <rf hls land by decidtng his representation in the matter of elaim at compensation. 2. The fects necessary for disposal of the prttion are that the peBUGfw is the tether <rf deceasedTAshish Kumar Das who purchased a paroel of land -'-'-•-•w''-:*^-1—-'. admeasuring 1650 Sq.ft. from one Shrlnnias Rao under registBred sato deect dated 7/12/1988 (Annexure P/1), tftereafter, the name of^hish was mutatod m the revenue records showing 1 0 Sq,ft. ofland uncier Khasra No.tt92/2, as te evident from Assessment Maintenance Khasra (Annexure R2). Later on, it was found that out of the aforesaid area ctf 1®0Sq.ft., 58) Sq. ft. af tand ha»bean acquired by the CorpQraUon wittKMrt any notice and withaut drawiBg any acquisltion proceedings. Rsmaining portlon admeasuring 1 •tOOSq.fl. ofrtandilBs sold to one Ramesh Kumar Mulchandani under sala deect datad 11/5/07. 3. Though represenlation was made on 17/12/07 ^nnaaire P®), no compensation was glven fterefore, ttite peUUon has been fitod. Lesniedcounsal «.!?"•"&.. f^-^ 1 1 '"si"~"B l \.^^y '^I>J*'".<1»'' a^-"' (^ forths peBtionersubmltstialthedeceased son cfthe petiUoner, &eingfl»ownCT of theplot and the peUUoner belng one of ttis successor, haisentaiedtoi.piopeis. compensation, as %0 SqA of land has been acquimd by the CorpCBation f s constructton of public road. Leamed counsel tor the petittwier submUs atA»< Corporafion was under an obligation to draw appmpriate pBaceedinsnt.fQr aequisition and also pay dueand proper compensatton to the petitienet; te, accordance with the provistons retatinB to grant of eonq»nsatien contoined in> C.G. Municipal Corporatlon Act, 1^6 as also provirtais cantalned to Laiid AcquisiUon Act. Leamed counset ferthe petttoner submits tfaatwanttKn.isfrland has been itlegally taken upfor construcBon of road, the peUtionerl? notinctlne«!" to take back but a direcBon may be issued to the Municifwil ©orporatta»to pa^ him compensation In respecl cf550SqK of land whteh fe aeqriradlBrUie- purposeofconstrucifon of pubtte road. 4. On the other hand, leamed counsel fw the Gorpwrton submlted-ttiat ttie Gorporation has nevwacquired fce land ef the petitlon^r. It ts sdamitted that from the map prepared by the engjneera o( the Corporatlon as atso fhe jraport- placed as Annexure R/1 and RQ raisfwcUvely, it was found that in enter to provkle approach road to various plots IncludinBthe ptet <rf Uw prtttoiwr, •» peUtloner as well as the neighboure of the petitioner have already Irt a patch of land in front of their respecUve ptots and in cass of peUtionw, S50 Sq. ft. of land for approach road. The road is WBM and srt the request of »»ecenoemed counsetor, ttie Corporatton has perfonned Mack towing <rf tha ro»t Leamed counset for the Corporation submits thart tte peUtioner hinwetf sptd Ws tand admeasuring 1100 Sq. ft. of tand vhto rsgistsred sate deed (A'lnBxure P/^ In which the petlUoner himsetf has stated that thatetal area soW is 1100 Sq.ft. and in the southem part, there is 'aam nislari' roal. tn the sarite deed itaetf, tt has ;i^l;i'KNs,1s, y^. B l.y] irsy been stated that out of t6§0Sq.ft.purchased from ShriBhraa Rao, BSQ&i.ft. of » land has beeninduded in ttis road and no^herland te remainB®. RrteBir^tos,,, ttie aforesakl documents, toamed counsel for the ©(^poratiensutomttt that thftw petitioner and other residentsof tt»area themseh/es gave )Mrt ^fflieir hmd to ,& provicte for 'aam nistan lasta" and ttie peBUoner ewen aatd remdnlr®hmd » ^ .••--•.:- :'":^'.-';-.? showing esastence of public road and thereaftor he has startod elaliaina.. compansation from the Corporation forwhieh e Corporattotvte nol boundundeB.t the law. 5. Admittedly, ttie CorporaUon has n<rt dramm any proceedings nor tas!*j passed any awaid. Therefore, it cannot be saidthatthalanttofthepaBtiener» , acquired by any proceedings under the law. Whettier, e^tent o( land-, admeasuring 550 SqA. was left by ths peBtioner <rf his own voNtk»norwas takanr r so as to provide 'aam nfetari* roadand wh^her there Is eidstence Qf 'ati'n nWart » .,'•-— • ' - ^ : : / ..,...:.-,,,.M,.;;.!^ rasta' are ttie matters which are diqnited questfon <rf fact whteh winnot ba 3; decided bytttis Court in writ proceedtngs. The petiUoner's remedy »toapRroach , ftie Giviieeurtand have appropriate declamtton to which ha may be entitted r, under the law. LMmed counsel lor the Cerpwsrtion hre ci.ew1y stated that ttiey ; have notacquired any land but the restelent ofthe area have volurtarily gaara up. thelandfor'aamnistarl'road. • ^ 4 y» 6. In caae, the petitipner tatos recourae to tt»ramedy of applowhing Ghnl . Court seeWng dectaratien / injunclton, it woukl be an issue open for an ent|uiry in Vne Gourt. Wtth the aforwahl obswvattons, this peUtton is finally disprced eff. ;. Biti Deutrii Sd/- Manindra Mohan Shrivastav^l ..-- -Judge |j