1 2025:CGHC:10710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1215 of 2025 1 Sunil Kumar Singh S/o Late Shri Govind Singh Aged About 51 Years R/o Village - Parasi, District Gaurella-Pendra-Marwahi, Chhattisgarh, Currently Residing At Ekta Nagar, Sarkanda, Bilaspur, District - Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through - The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Nawa Raipur, Dist. - Raipur (C.G.) 2 The Collector Gaurella-Pendra-Marwahi, District Gaurella-Pendra- Marwahi (C.G.) 3 Divisional Commissioner Division Bilaspur, Chhattisgarh 4 The Sub-Divisional Officer (Revenue) Cum Land Acquisition Officer Tehsil Marwahi, District Gaurella-Pendra-Marwahi (C.G.) ... Respondent(s) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.05 17:16:40 +0530 2 For Petitioner(s) :Ms. Diksha Gouraha, Advocate For Respondent(s)/ State : Ms. Nupoor Sonkar, P.L. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 05/03/2025 Heard. 1. By the present writ petition, the petitioner, is seeking a direction towards the respondent authorities for payment of compensation towards the land owned by the petitioner bearing khasra No. 1361/1 and 1361/6 total areas 0.28 acres, situated at Village Parasi, Tehsil Marwahi acquired for Kumhari Canal Diversion Scheme. 2. Learned counsel for the petitioner, would submit that, only notice dated 09.09.2016 (Annexure P-1) issued by SDO (Revenue) was given to petitioner informing about acquisition of his land and thereafter no proceeding of land acquisition or payment of compensation was carried out. He further submits that the land is being used for construction of Kumhari Canal Diversion Scheme 3 without payment of compensation. He further submits that the respondents may be directed to complete the land acquisition proceedings and compensation be paid to the petitioner. 3. Learned counsel for the respondents would submit that the SDO (Revenue)/ Land Acquisition officer will verify and inspect the land of the petitioner by making demarcation and if it is found that the land of the petitioner is used for construction of canal then necessary steps for acquisition of land will be taken under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and payment of compensation will be done in accordance with law. 4. I have heard learned counsel for the parties and perused the documents annexed along with the notice dated 09.09.2016. 5. Perusal of the notice dated 09.09.2016 shows that, SDO (Revenue) has issued a notice intimating the petitioner about acquisition of his land for public purpose. Further, from the perusal of pleadings of the petitioner, it is clear that though the land of the petitioner is acquired for construction of Kumhari Canal Diversion, but till date no compensation is paid and no award has been passed in pursuance of the land acquisition. 6. Considering the facts and circumstances of the case, the SDO (Revenue) Marwahi/ Respondent No. 4 is directed to inspect the land of the petitioner, in presence of petitioner within 30 days from today and make a demarcation of the land. If the land of petitioner 4 is found to be used for construction of Kumhari Canal Diversion, Respondent No. 2 & 3 are directed to proceed immediately for acquisition of land and ensure proper compensation is paid to the petitioner, in accordance with law. 7. With the aforesaid observation, the petition stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti