HC on compensation for reduced area than area actually used by Govt.

Chhattisgarh High Court held that When land holder is awarded less compensation for reduced area than the area actually used by the Govt. the dispute would fall within the jurisdiction of the Authority u/s 51 r/w Sec. 64 of the Right to Fair Compensation and Transparency in Land Acquistion, Rehabilitation and Resettlement Act, 2013.

Relevant Extract of the Judgment

Petitioner owns an area admeasuring 2.00 acres bearing khasra No.266 & 267 at village Palod, PH No.69/18 RI Block Mandir Hasod, Tahsil Arang, District Raipur. A part of the said area belonging to the petitioner has been used for construction of road by the Naya Raipur Development Authority (NRDA), however, according to the petitioner, the award passed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act, 2013’) is only in respect of 0.04 hectares land whereas on the spot much more area belonging to the petitioner has been used for construction of road.

2. On above factual matrix, the petitioner has prayed for a direction to the respondents to demarcate the area and pay the compensation commensurate to the area, which has been used for construction of road.

3. Shri Bhaduri, learned counsel appearing for the respondent/State, would refer to the provisions contained in Sections 64 & 65 read with Section 51 of the Act, 2013 to contend that the nature of dispute raised by the petitioner is within the jurisdiction of the Land Acquisition, Rehabilitation and Resettlement Authority under Section 51 of of the Act, 2013, therefore, the petitioner should approach the said authority.

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