yj IN THE HIGH COURT OF JUDICATUREAT BILASPUR CHHATTISGARH WRIT PETITION NO.I^ ^^OF 2005 l^^ PETITIONER^ .x y .^ x^'-"' y^ ??^y ^^ /: ^l. 2. Krishna Lal Patel, S/o Mottl Lal Patel, Aged about 57 years, Occupation Cultivation, R/o Village Bhedikona, Tahsil Dabra, District Janjgir - Champa (Chhattisgarh). Resham Lal Patel, S/o Motil Lal Patel, Aged about 51 years, Occupation Cultivation, R/o Village Bhedikona, Tahsil Dabra, District Janjgir - Champa (Chhattisgarh). RESPONDENTS Versus 1. State of Chhattisgarh, Through Secretary, Department of Water Resources, D.K.S. Building, Mantralaya, Raipur The Collector/Land Acquisition Officer, District Janjgir-Champa (Chhattisgarh). The Executive Engineer, Water Resources Department, District Janjgir-Champa (Chhattisgarh). 4. The Sub Divisional Officer, Department of Water Resources, Sub Division, Dabra, District Janjgir-Champa (Chhattisgarh). c®) ./-^-." 5. The Sub Divisionali Officer (Revenue)/ Land Acquisition Officer, Dabra, District Janjgir- Champa (Chhattisgarh). WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTIQN OF INDIA .,,£L_:_._„_._.__.__.. XI-HC-22 3TT^?TcF)T R^JcbW^T $b^lch WW 7S( r^l^ld^, ^Td^1!?, f^^Kiy 3TT^?T qu^h ITPTCTT StiWch^^.^.^•10[^/^ T7 ^ / 200 3n^T?^ITW;9l?(T Nnk 22^1/2005 Shri V.R. TJVvari, Counsel fo( Shri Sushil Dubey, Counsei | Heard. Repiy has already been fiJe^ The case ofthe petitioners J^ of the land bearing Khasra No.42/| has been merged In water t^i Department in the year 1984, on ^< of cuStJvation ofthe sald land. Th^ of non-payment of compensatior respondents be directed to inltiate Khasra No.42/1 and they bs furthe|] with Interest in accordance with Seij in the reply filed by the resp| Sub-Dlvislonai Officer, Water Res| spot jnspection report before the Acquisltion Officer, Debra, vlde hi acquisitlon of land bearing Kha^ Engineer, Imgation Division, Janjc case for award before the Sub-Q 04/Q8/2005. !n the clrcumstances Department has already initiated tl Khasra No.42/1. chl^lTd41^ W^ft rf tec^t <l^i^< ^3^Kl^ 3TT^ST the petjtioners. brthe respondents/State. on behaffofthe respondents. thatthey are agricuiturists and owners sjtuated at village Bhadikona, wNch of respondent-Water Resources ^count ofthat petitioners are.incapable are facing great hardship on account by the Department. Therefore, the icqujsition proceedings of land bearing directed to grant compensation aiong ;tion 34 of the Land Acquisition Act. ?ndents it has been mentioned that the )urces Department, Dabra, submitted iub-DlvisionaI Officer, (Revenue)/Land communicatlon dated 27/08/2000 for ra No.42/1 and even the Executive |ir has submltted the land acqujsition Ivlsional Officer, vide his letter dated the respondents-Water Resources te case for acquisitlon of land bearing (^^fet) — XI-HC-22 OT^TopT f<^ich3TI^?T sb^icn^rf?cT R?J" ^ ^ ^" ^sr^Trai^pT, ^TftaTT^, Riciw^< 3TI^T MU<ft W^^l sh^icn ^ 200 f^r^ Counsei for the petitioner^ submits that in the circumstances, respondent No.5 be directed the petitioners appears to be jus' submerged as back as in the cbi^iId41Ti nm^ff ^* te^ <l^^i< ^3Tf^T3T1^T to decide the compensation case expedltiousiy. In view of the foregoing fac^ts, the prayer made by the counsei for ^ and fair, as the iand in questlon was kear 1S83 in the Water Resources are deprived of the fruits of their i^ Department for construction of w^:er tank and slnce then the petitioners nd. it seems that In the year 2000 the papers were moved for acquisitiorj, but respondent No5 is not deciding the acquisition case. Therefore, in|the circumstances, respondent No.5 is directed to decide the acquisition |case of the petitloners5 land and pass award of compensation in accord^nce with iaw v^ithin a period of six months from today. With the aforesaid direction, | Consequently, M.W.P.No.t^ and 2349/2006 also stand disposed Certified copy as per ruies. the petjtion stands dlsposed of. 14/2005. I.A.No.7108/2006, 2096/2006 of. Sd/- L.C. Bhadoo Judge (^^RT)