01Facts
The petitioners and private respondents Nos. 6 and 7 disputed entitlement to compensation for land bearing Khasra No. 792/2k, acquired for construction of the Bilaspur–Ugra highway.
¶ 1In an earlier proceeding, WPC No. 3158 of 2022, the Court had permitted respondents Nos. 6 and 7 to apply to the Collector under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and directed the Collector to decide the application.
¶ 2–3Respondent No. 6 subsequently applied under Section 64; the petitioners filed a reply and representation dated 19 March 2025, but the application remained undecided.
¶ 4The petitioners therefore sought a direction requiring the Collector to decide it.
¶ 1, 402Issues
i.1. Whether the Collector should be directed to decide respondent No. 6’s pending application under Section 64 of the 2013 Act.
¶ 4–6ii.2. Whether the Court should express any view on the parties’ competing claims to compensation while issuing that direction.
¶ 703Law Applied
Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was the statutory basis of respondent No. 6’s application.
¶ 1, 4The Court’s direction required the Collector to decide the application expeditiously and in accordance with law; it did not determine the merits of the compensation dispute.
¶ 6–7Provisions in the judgment · 1 · Linked ones open on LawLens
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 64
04Reasoning
The Court noted that the application had been pending since the earlier proceedings and that the present petition sought only a direction for its disposal.
¶ 6In view of the State’s submission that the application would be decided if still pending, the Court directed the Collector to determine it within a fixed period. It expressly left the entitlement dispute and merits of the application for the Collector to decide independently, in accordance with law.
¶ 5–705Holding
The Court disposed of the petition and directed the Collector, Janjgir, to decide respondent No. 6’s Section 64 application expeditiously, within 45 days of receiving a copy of the order.
¶ 6The Court clarified that its order expressed no opinion on the merits and that the Collector must decide the application on its own merits and in accordance with law.
¶ 7Original Court PDF
JAGANNATHvsSTATE OF CHHATTISGARH
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