^S3sses^ ^' '•':,. """^. ^^ss^ <^ y HIGH COURT OF CHHATTISGARH. BILASPUR WRIT PETITION (0 No.2248/2010 PETITIONERS RESPONDENTS 1 ^- 1 Smt. Amna Begum, aged about 62 years, W/o late Shri Moh. Ibrahim Sillat, Resident of Near Sardar Petrol Pump Main Road, Kondagaon, Tah. Kondagaon, District Bastar (C.G.) 2 Moh. Ameen, aged about 40 years, S/o late Shri Moh. Ibrahim Sillat, Resident of Near Sardar Petrol Pump Main Road, Kondagaon, Tah. Kondagaon, District Bastar (C.G.) 3 Moh. Siddiqi, aged about 38 years, S/o late Shri Moh. Ibrahim Sillat, Resident of Near Sardar Petrol Pump Main Road, Kondagaon, Tah. Kondgaon, District Bastar (C.G.) Versus State of Chhattisgarh, Through the Collector, District Bastar, Jagdalpur (C.G.) 2 The Tahsildar, Kondagoan, District Bastar (C.G.) 3 The Executive Engineer, P.W.D., Kondagaon, District Bastar (C.G.) 4 The Chief Municipal Officer, Municipal Council Kondagaon, District Bastar(C.G.) 5 The Executive Engineer, National Highway Division, Civil Lines, Jagdalpur, District Bastar (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Appearance: Mr. S.K. Thomas, Counsel forthe petitioners. Mr. A.S. Kachhwaha, Dy. Advocate General for respondents on advance copy. X .. ^~1i J •^.. %^^.^r WRIT PETITION (Cl No.2248/2010 ORAL ORDER (06.05.2010) SUNIL KUMAR SINHA. J. Heard. This common order shall dispose of the following writ petitions: W.P.(C)Nos. 2221/2010, 2222/2010, 2223/2010, 2224/2010, 2226/2010,2248/2010, 2249/2010, 2250/2010, 2251/2010, 2252/2010, 2264/2010, 2271/2010, 2272/2010, 2273/2010, 2275/2010, 2276/2010, 2277/2010, 2281/2010, 2284/2010, 2286/2010, 2287/2010, 2290/2010, 2291/2010, 2293/2010, 2296/2010, 2297/2010, 2298/2010, 2299/2010, 2300/2010,2322/2010. The petitioners, in the writ petitions, are the residents of Kondagaon. They have filed these writ petitions seeking directions for payment of compensation, as their lands/houses/shops have been demolished by the authorities of the State for construction of drainages and widening of road. They have also prayed for directing the respondents to begin with the construction work of drainage and widening of road and modification etc., only after making payment of compensation to the petitioners. Mr. S.K. Thomas, learned counsel appearing on behalf of the petitioners submits that the possession of the lands belonging to the petitioners has been taken over by the State authorities for construction of drainages and widening of the road sometimes in February-March 2008. At that time, it was told to the petitioners that adequate compensation for taking over the possession of their landswould be given to them. Even the houses of some of the petitioners, situated by the side of the road, were demolished on ^'^ :\,^, ^^^ V^>-A/ ^ is c^ WRIT PETITION (Cl No.2248/2010 the said pretext. After the demolition and taking over the possession of lands of the petitioners, when nothing happened till April 2008, the petitioners filed representation before the Collector demanding compensation against the demolition and taking over of possession of their lands. It appears that the Collector, taking cognizance in the matter on the representation of the petitioners, directed the Sub Divisional Officer, Kondagaon and Executive Engineer (PWD), Kondagaon to prepare the cases of each petitioner/affected persons for payment of compensation. The copy of the representation along with endorsement made by the Collector on 07.04.2008 has been filed in the writ petitions. Thereafter, the Sub Divisional Officer directed the Additional Tehsildar (Nazul), Kondagaon, to prepare a report for sending it to Collector as per order/direction dated 07.04.2008. The Tehsildar and other authorities prepared the report and submitted it to Sub Divisional Officer, who in turn forwarded it to the Collector, Jagdalpur by memo dated 23.07.2008. The copy of the said memo and the report annexed thereto, filed in the writ petitions, would show that the cases of individual/affected persons were examined and the valuation of their lands has also been determined by the concerned authority in accordance with the guidelines issued for the same. Mr. Thomas, learned counsel appearing on behalf of the petitioners submits that even after receiving this report on or after 23.07.2008, the Collector did not take any action in the matter and the petitioners have not been paid even a single pie, though their respective lands have been taken over for the said purpose. He submits that all these petitions may be disposed of with a direction to the petitioners to file representation(s) before the concerned Collector along with the copies ofthe aforesaid documents and the 4 ^ ^' ^ WRIT PETITION (Cl No.2248/2010 concerned Collector may be directed to dispose of the representation(s) filed by the petitioners within the stipulated period granted by this Court, so that the matter may come to an end. This limited prayer made by learned counsel for the petitioners is not opposed by learned counsel for the State. In the facts and circumstances of the case, particularly the circumstance that the Collector has already taken cognizance in the matter, it is directed that if so advised, the petitioner/petitioners may file fresh representation(s) before the Collector along with the certified copy of this order and the documents annexed with the writ petitions within a period of 15 days from today and if such representation(s) is filed, the concerned Collector i.e. Collector, Bastar, Jagdalpur shall look into the matter and shall dispose of the same, as early as possible, preferably within a period of 10 weeks from the date of filing of the representation(s). With the aforesaid observations/directions, the writ petitions stand finally disposed of. No order as to cost(s). sd/~ Sunil Kumar Sinha Judge shyna B