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    high court petition

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    © All Rights Reserved
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    25 views57 pages

    Lacch Kumar

    Uploaded by

    PIU DHAMTARI
    high court petition

    Copyright:

    © All Rights Reserved
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    IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) WRIT PETITION (C) NO. 12020 PETITIONER Lacch Kumar VERSUS RESPONDENTS State of Chhattisgarh & Others INDEX [Sr.No. | Particulars ‘Ann. | Pages L o1 Synopsis A-3 02 | Writ petition U/A 226 of the Constitution of India with certificate 1=% | & affidavit. | 03 A copy of extract of award and compensation chart. T | my {o-23 | 04 A copy of order dated 06.12.2019 P/2 Passed by division bench in W.A. no | 7/2019 and other connected matter, | 24-53 05 | Vakalatnama Sy BILASPUR nee DATED : 23.11.2020 COUNSEL FOR THE PETITIONER IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CG. RIT PI ‘C) NO. 2021 PETITIONER Lacch Kumar VERSUS RESPONDENTS State of Chhattisgarh & Others SYNOPSI: The petitioner is owner of land bearing Khasra No. 176 admeasuring area 1247 square meter situated at village Parsathi Tahsil — Abhanpur District - Raipur & aforesaid land was acquired vide award dated 21.06.2016 passed in land acquisition case No. 01(2)/A-82 year 2014-15 Village Parsathi P.H.N. 18 Tahsil Abhanpur District — Raipur (C.G.) passed by Competent Officer Land Acquisition cum Sub-Divisional Officer Raipur C.G. Grievance of the Petitioner is that his 1247 square meter land was acquired 16,82,577/- was awarded and for 460 square meter land 42,07,344/- was awarded which is evident from sr. No. 22 of the same page and also for the area 470 square Meter 42,98,808/- awarded Sr. No. 20 and 21 of the compensation chart may kindly be seen and for more land less compensation was given and for less land more compensation was given and Hon’ble Division Bench has decided similar issue in W.A. No. 07/2019. Hence this petition for seeking similar relief in terms of W.A. No. 07/2019, Hence this petition. DATES AND EVENTS Sr.No, | Dates Events 01. 21.06.2016 | Award passed. ok. jst BILASPUR (Kamal Kishor Patel) DATED : 23.11.2020 COUNSEL FOR THE PETITIONER, THE HIGH IRT OF CHHATTISGARH SPU! (C.G.) RIT PETITI ‘C) NO. 2020 PETITIONER Lacch Kumar, S/o Sukhram RESPONDENTS SLI SO 7Xwvsjeot Khanvilkar Ve Mes ~ & NG ay 4, v W. Satnami, aged about 35 years, resident of Village Tariyapara Parsathi, Ward No. 18 Parsathi — 2 Tahsil — Abhanpur, District Raipur (Chhattisgarh) VERSUS State of Chhattisgarh through Secretary Department of Revenue and Disaster Management. Mahanadi Bhawan New Raipur District - Raipur (C.G.). Collector Raipur, District - Raipur (C.G.). Competent Officer (Land Acquisition) cum Sub-Divisional Officer (Revenue) Raipur District - Raipur (C.G.) National Highway Authority of India Project implementation unit Anupam Nagar Raipur District — Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PARTICULARS OF THE PETITIONER: As per the cause title. PARTICULARS OF THE RESPONDENTS: As per the cause title. 4. PARTICULAR OF THE ORDER/MA’ AGAINST WHICH THE PETITION IS BEING MADE & SUBJECT MATTER IN BRIEF : The petitioner is owner of land bearing Khasra No. 176 admeasuring area 1247 square meter situated at village Parsathi Tahsil — Abhanpur District - Raipur & aforesaid land was acquired vide award dated 21.06.2016 passed in land acquisition case No. 01(2)/A-82 year 2014-15 Village Parsathi P.H.N. 18 Tahsil Abhanpur District ~ Raipur (C.G.) passed by Competent Officer Land Acquisition cum Sub-Divisional Officer Raipur C.G. A copy of extract of award and compensation chart is annexed herewith as Annexure P/1. Grievance of the petitioner is that his 1247 square meter land was acquired 16,82,577/- was awarded and for 460 square meter land 42,07,344/- was awarded which is evident from sr. No. 22 of the same page and also for the area 470 square Meter 42,98,808/- awarded Sr. No. 20 and 21 of the compensation chart may kindly be seen and for more land less compensation was given and for less land more compensation was given and Hon'ble Division Bench has decided similar issue in W.A. No. 07/2019. Hence this petition for seeking similar relief in terms of W.A. No. 07/2019. WHETHER CAVEAT FILED No caveat has been filed, 8.1 8.2 DETAILS OF REMEDIES EXHAUSTED: The petitioner submits that the petitioner has no other alternative efficacious remedy except to approach this writ petition for the redressal of the grievance. MATTER NOT PREVIOUSLY FILED OR PENDING WITH ANY OTHER COURT OF LAW. The petitioner further declare that the petitioner has not filed any petition, suit or application before this application court or any other court of law in respect of subject matter of this petition nor is pending before any of them. DELAY IF ANY IN FILING THE PETITION There is no delay in filing the instant petition. FACTS OF THE CASE: - The facts of the case are as follows: - That, the petitioner is citizen of India and he has right to avail all the remedy granted by the Constitution of India. That, the petitioner is member of schedule caste and rusting villager and also less educated person. The petitioner is owner of land bearing Khasra No. 176 admeasuring area 1247 square meter situated at village Parsathi Tahsil - Abhanpur District - Raipur & aforesaid land was acquired vide award dated 21.06.2016 passed in land acquisition case No. 01(2)/A- 82 year 2014-15 Village Parsathi P.H.N. 18 Tahsil Abhanpur @ District - Raipur (C.G.) passed by Competent Officer Land Acquisition cum Sub-Divisional Officer Raipur C.G. Grievance of the petitioner is that his 1247 square meter land was acquired 16,82,577/- was awarded and for 460 square meter land 42,07,344/- was awarded which is evident from sr. No. 22 of the same page and also for the area 470 square Meter 42,98,808/- awarded Sr. No. 20 and 21 of the compensation chart may kindly be seen and for more land less compensation was given and for less land more compensation was given and Hon’ble Division Bench has decided similar issue in W.A. No. 07/2019 Relevant para is reproduced as under- “24, After specifying the way in which the compensation has to be fixed, with reference to the ‘area/extent’, it has been sought to the illustrated by giving an example. It is very evident from the illustration, that in respect of a property having higher area/extent, valuation for the purpose of 25 computation of ‘stamp duty’ has to be made separately for the different extents and added together. When the area is less than or equal to 0.050 hectare, 100% of the plot rate of that area has to be worked out/reckoned and when the area is more than 0.050 hectares, but less than or equal to 0.100 hectares, 20% of the plot rate of ‘that area’ is to be worked out/reckoned. \U Further, as per Note 1), where the land is more than 0.100 hectares, the market value shall be calculated for the total area as per the rate fixed 'per hectare’ of the ‘concerned area'. Here, the terms "that area" as mentioned in Sl.No. (two) of the Table under Clause '3' and the terms "concerned area" in Note 1) thereunder, only denote the differential area ie. the remaining area already covered by the previous provisions i.e. SI.No. (one) {where it is a case under SI.No. (two)} and SI.Nos, (one) & (two) {where it is a case covered by not SI.No. (one)}. This itself gives a clear idea as to how the calculation is to be made, so as to arrive at the total market value of the property comprised in different segments under the very same head. Instead of effecting 'slabwise computation’ of the market value and adding it together as above, the Competent Authority simply adopted the ‘per hectare rate’ to the property in question having a total exent of 1370 sq.mt., merely for the reason that it was above 1000 sq.mts. It ought to have been worked out separately i.e. compensation payable for the first 1000 sq.mts. at the ‘circle rate' and in respect of the area beyond that, i.e. 370 sq.mts. at the ‘per hectare rate’ and adding them together, to arrive at the total market value of the land having an extent of 1370 sq.mt. 27. This can be viewed from another angle as well. There is no dispute with regard to the credentials or the potential value of © the property of the Appellants and the discrimination / Classification is made only with reference to its higher extent, of being 1370 sq.mts., which made the Competent Authority to adopt the 'per hectare rate’. The Competent Authority has reckoned ‘per sq.mt. rate! of Rs.21500/- in respect of exactly similar lands, where the land was having an extent of upto and less than 1000 sq.mts. There is no dispute for the Competent Authority that the Appellants would have obtained higher compensation at the ‘per sq.mt. rate’ of 21500/-, if it was of or less than 1000 sq.mts. as reflected from Annexure- A/3 Table (extracted already) paid to similar small extents of land. If the Appellants had conceded that they do not require any compensation for 370 sq.mts. (which is in excess of 1000 sq.mts.), the Appellants also would have obtained much higher compensation, than 28 the extent as now awarded. As such, despite being in a better position with possession and ownership of exactly similar land of 1000 sq.mts. + something more (370 sq.mts.), the Appellants came to be denuded of getting their vested right for compensation for the first 1000 sq.mts. on the basis of ‘per sq.mt. rate! of Rs.21500/-, besides the compensation payable for the additional / excess / differential extent of 370 sq.mts. at the 'per hectare rate’. This position alone has been demonstrated in the ‘examples’ given in Annexure-P/16 Guidelines, pointing out the necessity to 9.2 work up the value separately under different Sabs and to have them added together for fixing the total market value, to Work aut the stamp duty payable. This vital aspect was unfortunately omitted to be noted by the Competent Authority while applying the principle / guidelines in a wrong and misconceived manner, We are of the firm view that 2 ‘recalculation’ is necessary in the aforesaid lines, working out the market value salbwise Le, at the rate of 21500/- per sq.mt. for the first 1000 sq.mts and at "per hectare rate’ for the extent beyond it; to be added together. We hold that the fixation effected by the Competent Authority is not correct or sustainable, being totally arbitrary and perverse in all respects. A copy of order dated 06.12.2019 passed by division bench in W.A. no 7/2019 and other connected matter is annexed herewith as AnnexureP/2. G IND: Grounds of the case are as under amongst other s+ Because, compensation of the petitioner was wrongly calculated. Because, the manner of calculating compensation has been settied by this Hon'ble Court vide judgment dated 06.12.2019 passed in W.A. NO. 7/2019 vide its para 24 and 27, 9.3 Because, different para meter have been applied and different rate have been fixed for valuation of land acquired by respondents. The lesser extend of land is getting more value than that of higher extant of land. 10. RELIEF SOUGHT (S). In view of the above facts and grounds of the case the petitioner prays for the following relief (s) :- 10.1 That this Hon’ble court kindly be pleased to pass similar order in terms of order passed W.A. No. 07/2019. 10.2 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner. An affidavit is filed herewith in support of this petition. As! BILASPUR omfg DATED : 23.11.2020 COUNSEL FOR THE PETITIONER CERTIFICATE It is certified that due care has been taken in the case to comply with the provisions of Chhattisgarh High Court Rules. on BILASPUR (Kamal Kishor Patel) DATED : 23.11.2020 COUNSEL FOR THE PETITIONER THE HIGH COURT OF C BILASPUR (C.G.) WRIT PETITION (C) NO. 12020 PETITIONERS Lacch Kumar VERSUS RESPONDENTS State of Chhattisgarh & Others AFFIDAVIT I, Lacch Kumar, S/o Sukhram Satnami, aged about 35 years, resident of Village Tariyapara Parsathi, Ward No. 18 Parsathi - 2 Tahsil — Abhanpur, District Raipur (Chhattisgarh), do hereby state and affirm on oath as under : - ae That I am the petitioner in this instant writ petition, and as such I am fully conversant with the facts and circumstances of the case. 2. That, the contents of writ petition have been drafted as per my instruction, the contents have been explained to me in Hindi, I have understood the same, the contents thereof true to my personal knowledge and belief. DEPONENT VERIFICATION I, Lacch Kumar, the above named deponent, do hereby verify that the contents of the Paragraph No.1 to 2 of the aforesaid affidavit are true to my personal knowledge and belief. I have verified and signed on this 23.11.2020 at Bilaspur. _ cortae Fea res 8 fle Bt rma, ar zag AERte wwe MOMs. gH BABS + = . 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