01Facts
The petitioners sought completion of land-acquisition proceedings relating to their lands allegedly affected by the Benganga Jalashay Yojana at Village Natwar Nagar, and payment of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
¶ 2They contended that the authorities had taken possession in 2014 but had neither completed the acquisition nor paid compensation.
¶ 2They relied on a coordinate Bench’s order in WPC No. 6273/2024, concerning the same project, and the State agreed that the petition could be disposed of on the same terms.
¶ 2–302Issues
i.Whether the respondents should be directed to conclude the acquisition proceedings and pay compensation if the petitioners’ lands were acquired and affected by the project.
¶ 1, 4–5ii.Whether the petitioners were entitled, at this stage, to a direction for interest or any specific compensation determination under the 2013 Act.
¶ 103Law Applied
The petitioners invoked Sections 26, 29 and 30, read with Schedule I, and Section 80 of the 2013 Act, seeking determination of compensation and interest.
¶ 1The Court did not interpret or decide the application of those provisions. It followed the coordinate Bench’s approach in WPC No. 6273/2024: where land is acquired and affected by the project, the authorities should conclude the acquisition proceedings and pay compensation in accordance with law, without the Court determining entitlement on the merits at that stage.
¶ 4 · ¶ 6Provisions in the judgment · 4 · Linked ones open on LawLens
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 26Section 29Section 30Section 80
04Reasoning
The parties accepted that the present dispute was similar to the earlier petition concerning the same Benganga Jalashay Yojana.
¶ 2–4Applying the coordinate Bench’s approach, the Court directed completion of the proceedings and payment only if the petitioners’ lands had in fact been acquired and affected by the project.
¶ 4–5It did not decide the petitioners’ entitlement to compensation, determine its amount, or rule on their claim for interest.
¶ 4–505Holding
The Court disposed of the writ petition and directed the respondents to conclude the land-acquisition proceedings and pay compensation in accordance with law, if the petitioners’ lands had been acquired and affected by the Benganga Jalashay Yojana.
¶ 5The authorities were directed to act at the earliest, preferably within six months from receipt of a copy of the order.
¶ 5The petition was disposed of with those directions.
¶ 6Original Court PDF
KOMA BHAGATvsSTATE OF CHHATTISGARH
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