1 2025:CGHC:32907 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1090 of 2023 Prateek Kumar S/o Sanjay Kumar Aged About 28 Years R/o Village Bhuigaon, R.I.C Rahod, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Irrigation And Water Recourses, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - Collector, Janjgir District Janjgir Champa Chhattisgarh. 3 - Sub Divisional Officer (R), Pamgarh, District : Janjgir-Champa, Chhattisgarh 4 - Sub Divisional Officer (R) Branch Canal, Sub Division- 8, Loharsi, District : Janjgir-Champa, Chhattisgarh 5 - Executive Engineer, Hasdeo Canal (W/m) Water Resources Division, District : Janjgir-Champa, Chhattisgarh. ---- Respondents For Petitioner : Mr. N.K. Chatterjee, Advocate For State-Respondents : Ms. Nupur Trivedi, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 2 15/07/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. Learned counsel for the petitioner contended that the petitioner has filed the instant writ petition, because the petitioner's own land situated at village Bhuigaon of PC No. 23, RIC Rahod, Tahsil Pamgarh, District Janjgir Champa (C.G.) has been acquired for the construction of canal, minor no. 2/3 and since according to the information from the certificate of budget for the purpose of construction of minor no. 2/3, there is a provision of budget as certified by Sub Divisional Officer (R) Akatlara Branch canal sub division no. 8 Loharsi and since the acquired proposed land does not come under the duban area and over the proposed acquired land there is no tree, house or tubewell as well as the well and since the proposed land belonging to the petitioner has been possession of the proposed acquired land has been taken and the construction of the canal has already been completed, but the compensation as aggrieved by the concerned department for the acquisition of the land belonging to the petitioner has not been given according to the market value as according to the price/value available in the Sub Registrar Office, Pamgarh, District Janjgir Champa and since the compensation to the person from whom the land has been acquired by the concerned department and therefore on account of which the petitioner is entitled for grant of compensation alongwith 3 interest from the year 1983-84 and petitioner is also entitled to be given all the sums under the rehabilitation and since the certificate as well as the other documents regarding the which is indicative of the ownership and also khasra panchsala of the year 2019-2020 to 2022- 2023 and also the certificate given by Sapranch of Gram Panchayat Bhuigaon dated 12.02.2023, where in the certificate given by Sarpanch it has been made very clear, that the construction work has already been started for the purpose of canal from the year 1983-84 and the construction of the canal has already been completed, but the compensation amount for the acquisition has not given to the cultivators from whom the land has been acquired for the purpose construction of the canal under Hasdeo Bango Pariyojana Bhuigaon for the purpose construction of minor no. 2/3. Hence, in this writ petition has been filed and since the compensation has not been determined given to the petitioner, the Hon'ble court may kindly be pleased to pass a proper diction to grant the compensation for the acquisition of the land also to grant the other facilities like rehabilitation as well as the interest since the compensation has been withheld from a long time, the Court may direct to grant 12% interest from the date of acquisition. Canal belt is just near main road of village and within the radius of 500 mtrs., therefore the petitioner is also entitled for the resettlement. Hence, this writ petition. 3. Learned State Counsel, on the previous date of hearing, took time to seek instructions from the Department. Upon instructions, learned 4 State Counsel submits that, in most of the cases, the name of the Petitioner could not be detected as land owner from the revenue records and, in all probability, the persons whose name is reflected as land owner, might have already received compensation, which would be a matter of scrutiny and verification. 4. Be that as it may, the factual matrix of the case is that of the land of the Petitioner being acquired by the State Government for the purpose of construction of Minor No.2/3 Canal under the Hasdeo-Bango Pariyojna, Bhuigaon. 5. This Court is of the opinion that the present bunch of Writ Petition can be and is accordingly disposed of, at this juncture, directing the Petitioner to appear before Respondents No.2 to 4 along with a fresh claim application. The Petitioner should give detailed information in respect of the land which he owned and which stood acquired/affected along with relevant title documents, if any, available with the Petitioner. He should also provide with documents to show the relationship, if any, with the original title holder reflected in the revenue records as the land owner. 6. Upon such claim application being made by the Petitioner before Respondents No.2 to 4, the same shall be immediately processed by the Respondent authorities and, after thorough scrutiny and verification of the claim of the Petitioner both in respect of alleged acquisition or whether the Petitioner was affected persons in the course of 5 construction of the said Minor No.2/3 Canal, appropriate decision shall be taken strictly in accordance with law, within an outer limit of six months' period. The Respondent authorities in the course of taking decision shall also deal with the consequential steps that they are required to take in accordance with the decision taken. 7. With aforesaid direction/observation, the Writ Petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant