High CourtsSingle Bench(2021) 10 CHH CK 0049

Prahladsingh Rathiya vs State Of Chhattisgarh Through The Secretary

Chhattisgarh High Court · Decided on 22 October 2021

HON’BLE JUDGES
Rajendra Chandra Singh Samant, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Civil) No. 4212 Of 2021

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Judgment

5 paragraphs · 225 words
1.

Heard on petition.

2.

The land under ownership of this petitioner was acquired by the respondents for construction of power plant in the year 2011. As the power plant has not been established, there is a provision present under Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act, 2013') for returning the land which has remained unutilized to the person from whom the land was acquired. The petitioner has made representation, copy of which has been filed as Annexure P3, making a prayer to the Land Acquisition Officer for return of land acquired from him, but the same has not been considered so far. Hence a specific direction be issued for consideration of this representation as per rules.

3.

Learned State counsel opposes the submission, however, submits that an appropriate order be passed.

4.

After considering the submissions made by the learned counsel for the parties, the writ petition is disposed of at motion stage. The respondent No.4 SDO (Revenue) - cum- Land Acquisition Officer Dabhra, District Janjgir-Champa is directed to consider and decide the representation filed by the petitioner under Section 101 of the Act, 2013 within a time frame of three months and dispose of the same in accordance with law.

5.

Accordingly, the writ petition stands disposed of.