FOR PAPER PUBLICATION

CAVEAT NOTICE

Be it known to the public at large/ public in

general / interested persons having locus that the
Department of Public Works, Bridge Construction
Division, Raipur, State of Chhattisgarh, Raipur
proposes to construct a Railway Over Bridge
(hereinafter referred to as the ROB) at Shankar
Nagar VIP Colony (Railawy Crossing RV-I New).

2. It is submitted that the sanction for the said

construction of Railway Over Bridge has been
obtained from the concerned Department and the
construction of the aforesaid ROB is imperative and
necessary, due to heavy traffic after expansion of
the Raipur City, for smooth and unhampered flow of
road traffic as well as from the point of view of the
Railways.

3. It is submitted that for constructing the aforesaid

ROB, it was necessary to acquire certain private
lands, in addition to the existing government land,
on which the ROB is proposed to be constructed, for
service road etc.

4. It is submitted that the land acquisition proceedings

have been initiated under the relevant provisions of
law and a land acquisition case no. 06/A-82/year
2014-15 relating to acquisition of private land at
village Shankar Nagar, PH No. 53, Revenue Circle
Shankar Nagar, Tahsil and District Raipur in which
approximately 3125.64 sq.m. of land would be
affected.

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5. It is submitted that the factual position is that
certain persons have purchased lands from the
original land owners mentioned at serial no. 25 of
the award-sheet (Award Patrak). A copy of the
award passed on 08/03/2016 is being marked and
enclosed herewith as Annexure C/1 for kind
perusal of the hon’ble Court.

6. It is submitted that, however, the aforesaid persons,

it was revealed at the time of spot inspection, have
purchased the land from one Anupam Grih Nirman
Samiti, are in possession of the lands. However, the
revenue records do not show their names as owners
and under such circumstance, since the names of
such persons, who have purchased the lands and are
in possession of the same and who have constructed
the boundary wall, are not shown in the revenue
records as owners of the land and only the names of
persons mentioned at serial no. 25 of the award-
sheet are shown as owners in the revenue records,
therefore, their names do not figure in the award
passed (Annexure C/1).

7. It is submitted that at this juncture, it would also be

pertinent to point out that these lands would be
required for use of service road and for other public
utility like electric poles, drainage etc. at both side of
the ROB, although the ROB will be constructed on
the government land.

8. It would also be relevant to mention herein that it

has also been mentioned in the award that if there is
any dispute with regard to ownership of the land,
then the same shall be referred under Section 51 of

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 the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement
Act, 2013 to the Tribunal for adjudication and all
parties would be given adequate opportunity of
hearing alongwith the documents before the said
Tribunal.

9. It is apprehended that the these persons i.e. the

persons whose name do not reflect in the revenue
records as owner may approach this Hon’ble Court
by filing petition etc and praying for compensation
and in the garb of claiming compension, they would
be attempting to get the revenue records corrected
so as to show their names as land owners and
therefore, under such circumstances, the instant
caveat is being filed and it is prayed that in the
event of any petition or other case being filed by any
member of public at large in the circumstances
narrated above, it is humbly prayed from this
Hon’ble Court that no interim order or any protective
order be passed without granting the caveator an
opportunity of hearing.

10. The address for notice to the caveator is being given

hereinbelow.

“Advocate General,
Office of the Advocate General,
Chhattisgarh High Court Campus, Bodri,
Bilaspur (CG.)"

Bilaspur
Dated

COUNSEL FOR THE CAVEATOR

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