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High Court of Chhattisgarh · body

2025 DAILYLAW 13124 (CHH)

SANT VILAS YADAV v. STATE OF CHHATTISGARH

WPC/1216/2019 · 2025-07-31

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:37987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 709 of 2019 1 - Sureshdas S/o Late Shri Baigadas Aged About 55 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 2 - Shoukat Ali S/o Late Abbas Ali, Aged About 52 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 3 - Ramprasad Maravi S/o Late Shri Beersay Aged About 47 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 4 - Kunti Bai D/o Late Sukhram Aged About 40 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - Sofia Tirkey W/o Late Shri Golaram Tirkey Aged About 60 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 6 - Ajeet Kumar Tirkey S/o Late Shri Golaram Tirkey Aged About 36 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 7 - Santara Bai W/o Shri Baburam Singh Aged About 52 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 8 - David Lakara S/o Flasidius Lakra, Aged About 37 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 9 - Milan Ram S/o Late Shri Hukum Saay Aged About 46 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 10 - Ram Charitra S/o Late Lal Deo Aged About 60 Years R/o Ward No. 6, R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 11 - Rangilal Markam S/o Late Naval Saay Aged About 46 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh SMT NIRMALA RAO 2 12 - Satyabir Kumar Garg S/o Late Shri Abhayram Aged About 62 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 13 - Amol Das S/o Late Bahal Das Aged About 36 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 14 - Budhi Das S/o Late Shri Bahal Das Aged About 33 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 15 - Razaul Mustafa S/o Late Sahadat Husain Aged About 30 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 16 - Finni Bai D/o Shri Magadha, Aged About 63 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 17 - Jakiya Begham W/o Late Sahadat Husain Aged About 56 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 18 - Sadan Bhagat S/o Shri Nandram Aged About 36 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 19 - Mahbal Ram S/o Late Shri Ramdas Aged About 57 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 20 - Bilaso Bai W/o Shri Dhaniram Aged About 64 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 21 - Mahejavi S/o Masulla Khan Aged About 45 Years R/o Gram Tara, Tahsil Premnagar, Police Station, Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 22 - Chamru S/o Mahattam Aged About 80 Years R/o Gram Tara, Tahsil Premnagar, Police Station, Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 23 - Kiran Bala Gupta W/o Shri Omprakash Gupta Aged About 56 Years R/o Bazarpara, Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 24 - Ajay Kumar Gupta S/o Late Shri Baijnath Gupta Aged About 45 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 25 - Shrikant Gupta S/o Shri Omprakash Gupta Aged About 35 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 26 - Shashikant Gupta S/o Shri Omprakash Gupta Aged About 32 Years R/o Bazarpara, Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur 3 Chhattisgarh., District : Surajpur, Chhattisgarh 27 - Achal Kumar Jaiswal S/o Late Shri Ganesh Jaiswal Aged About 45 Years R/o Bazarpara, Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 28 - Naveen Kumar S/o Shri Satbeer Agrawal Aged About 34 Years R/o Bazarpara, Brahman Para, Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 29 - Smt. Kaushilya Devi W/o Shri Satbeer Agrawal Aged About 60 Years R/o Bazarpara, Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 30 - Satish Agrawal S/o Late Shri Abhay Ram Aged About 55 Years R/o Bazarpara, Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 31 - Amit Kumar S/o Shri Satbeer Agrawal Aged About 32 Years R/o Bazarpara, Brahman Para, Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 32 - Mahendra Kumar Mishra S/o Shri Radhika Prasad Mishra Aged About 45 Years R/o Gram Tara, Tahsil Premnagar, Police Station, Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 33 - Pradip Kumar Tiwari S/o Lakshman Prasad Tiwari Aged About 30 Years R/o Gram Tara, Tahsil Premnagar, Police Station, Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 34 - Pushp Raj Shukla S/o Surendra Shukla Aged About 25 Years R/o Gram Tara, Tahsil Premnagar, Police Station, Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 35 - Pyare Lal S/o Gopal Prasad Aged About 38 Years R/o Gram Tara, Tahsil Premnagar, Police Station, Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 36 - Patago Bai W/o Shri Ram Nandan Ram Aged About 63 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Industries, Government Of Chhattisgarh, Mantralaya, Naya Raipur, P.S. Rakhi, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Mineral Development Corporartion Through The Managing Director, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Collector, Surajpur (Formerly Surguja), District Surajpur (Formerly Surguja) Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - The Land Acquisition Officer Cum Sub Divisional Officer Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - The Tahsildar Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh --- Respondent(s) 4 WPC No. 1214 of 2019 1 - Ramji Porte S/o Late Shri Bodhan Aged About 46 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 2 - Sukh Saay S/o Late Shri Ramcharan Aged About 28 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 3 - Nand Kishor Tiwari S/o Late Shri Sahdev Tiwari Aged About 85 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 4 - Chandrabhan Singh S/o Shri Atbal Singh Aged About 40 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - Jalraj S/o Shri Bihan Saay Aged About 65 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 6 - Salik Ram S/o Shri Shobhit Ram Aged About 56 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 7 - Dhaneshwar Prasad S/o Shri Shiv Prasad Yadav Aged About 36 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 8 - Ashok Kumar Tiwari S/o Late Shri Janardan Prasad Tiwari Aged About 50 Years R/o Brahman Para, Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 9 - Smt. Kiran Devi Tiwari W/o Sri Ashok Kumar Tiwari Aged About 50 Years R/o Tara (Brahmanpara), Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 10 - Jay Karan S/o Shri Kashi Ram Aged About 45 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 11 - Santram S/o Premsai Aged About 48 Years R/o Gram Tara, Tahsil Premnagar, Police Station Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 12 - Ramsingh S/o Shri Badluram Aged About 65 Years R/o Manjhapara, Tahsil - Premnagar, Thana Premnagar, District Surajpur Chattisgarh., District : Surajpur, Chhattisgarh ---Petitioner(s) Versus 5 1 - State Of Chhattisgarh Through The Secretary, Department Of Industries, Government Of Chhattisgarh, Mantralaya, Naya Raipur, Police Station Rakhi, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Mineral Development Corporation Through The Managing Director, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Collector Surajpur (Formerly Surguja) District Surajpur (Formerly Surguja) Chhattisgarh., Chhattisgarh 4 - The Land Acquisition Officer Cum Sub Divisional Officer Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - The Tahsildar Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh --- Respondent(s) WPC No. 1215 of 2019 1 - Pawan Kumar S/o Late Shri Bahadur Aged About 42 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 2 - Paras Ram S/o Bhanwar Saay Aged About 50 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 3 - Mohit Ram S/o Late Shri Son Saay Aged About 50 Years R/o Bazarpara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 4 - Devnath Singh S/o Shri Kawal Saay Aged About 56 Years R/o Manjhapara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 5 - Shri Flasidius Lakra S/o Late Shri Suleman Lakra Aged About 61 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 6 - Somaro Bai W/o Late Shri Dilbandhu Aged About 55 Years R/o Bazarpara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 7 - Budhuram S/o Shri Somar Saay Aged About 56 Years R/o Brahman Para, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgah., District : Surajpur, Chhattisgarh 8 - Shivmangal S/o Late Shri Kawal Saay Aged About 60 Years R/o Manjhapara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 9 - Aagar Das S/o Late Shri Baiga Das Aged About 76 Years Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 6 10 - Mausami Vishwas W/o Late Shri Alok Kumar Aged About 35 Years R/o Sadakpara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 11 - Karo Bai S/o Narendra Aged About 40 Years R/o Khalpara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 12 - Manoj S/o Narayan Aged About 30 Years R/o Manjha Para, Tahsil Premnagar, Thana Premnagar, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Industres, Government Of Chhattisgarh, Mantralaya, Naya Raipur, P.S. Rakhi, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Mineral Development Corporation Through The Managing Director, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Collector Surajpur, (Formerly Surguja) District- Surajpur, (Formerly Surguja), Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - The Land Acquisition Officer-Cum-Sub-Divisional Officer Surajpur, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 5 - The Tahsildar Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh --- Respondent(s) WPC No. 1216 of 2019 1 - Sant Vilas Yadav S/o Late Shri Sukhram Aged About 60 Years R/o Khal Para, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 2 - Anil Kumar S/o Shri Roop Saay Aged About 23 Years R/o Manjha Para, Tahsil Premnagar, Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 3 - Sankar Rai S/o Shri Gaur Rai Aged About 52 Years R/o Lalipara, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 4 - Sakal Saay S/o Late Shri Loor Saay Aged About 85 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - Patar Saay S/o Late Shri Loor Saay Aged About 60 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 7 6 - Sakir Ali S/o Shoukat Ali Aged About 30 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 7 - Vijay Porte S/o Ujeet Ram Aged About 30 Years R/o Bank Para, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 8 - Vasuk Ali S/o Ali Ullah Aged About 33 Years R/o Bazarpara, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 9 - Mohd. Shakeel Siddiqui S/o Late Sheikh Usi Ahmad Aged About 35 Years R/o Gram Para, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 10 - Bhajan Ram S/o Shri Prahlad Aged About 40 Years R/o Vadkadad, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 11 - Chamru S/o Shri Somar Saay Aged About 60 Years R/o Gram Tara Charpara, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 12 - Thakur S/o Late Shri Somar Saay Aged About 56 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Industries, Government Of Chhattisgarh, Mantralaya, Naya Raipur, P.S. Rakhi, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Mineral Development Corporation Through The Managing Director, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Collector Surajpur (Formerly Surguja) District - Surajpur (Formerly Surguja) Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - The Land Acquisition Officer Cum Sub Divisional Officer Surajpur, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - The Tahsildar Premnagar, District - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh --- Respondent(s) WPC No. 1217 of 2019 8 1 - Thakur Ram S/o Shri Bhanwar Saay, Aged About 53 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 2 - Ram Singh S/o Shobhit Ram Aged About 41 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 3 - Balak Ram S/o Late Sundar Aged About 44 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 4 - Prem Saay S/o Late Shri Ghoor Saay, Aged About 65 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - Santu Ram S/o Late Shri Manjhi Ram Aged About 52 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 6 - Aagar Das S/o Late Shri Baiga Das Aged About 76 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 7 - Ramvilas Yadav S/o Late Shri Sukhram Yadav Aged About 57 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 8 - Smt. Shyama Yadav W/o Shri Ramvilas Yadav Aged About 40 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 9 - Shyam Bai W/o Late Shri Sufal Ram Aged About 45 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 10 - Pratap Singh S/o Late Shri Kanteram Aged About 58 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 11 - Shanti Bai W/o Late Shir Balram Aged About 40 Years R/o Majhapara , Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 12 - Shivnandan, S/o Shri Maniram Aged About 70 Years R/o Bazarpara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Industries, Government Of Chhattisgarh, Mantralaya, Naya Raipur, Police Station Rakhi, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 9 2 - Chhattisgarh Mineral Development Corporation, Through The Managing Director, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Collector, Surajpur (Formerly Surguja) District Surajpur (Formerly Surguja ) Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - The Land Acquisition Officer- Cum - Sub - Divisional Officer, Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - The Tahsildar, Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh --- Respondent(s) WPC No. 1218 of 2019 1 - Parvati Devi W/o Shri Jugeshwar Prasad Pandey Aged About 60 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 2 - Ishwardas Ekka S/o Late Shri Elius Aged About 68 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 3 - Chadravati D/o Late Shri Devcharan Aged About 61 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 4 - Sovanti W/o Krishnaram Toppo Aged About 35 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 5 - Tushnibai W/o Jagatram Aged About 48 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 6 - Kodudas S/o Late Shri Lutandas Aged About 78 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 7 - Gangaram S/o Shri Labedram Aged About 42 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 8 - Vishram S/o Late Shri Somer Saay Aged About 79 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 9 - Baijnath S/o Shri Sampat Aged About 62 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 10 10 - Jay Singh S/o Late Shri Rupan Saay Aged About 48 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 11 - Tarshila Lakra W/o Plasidrius Lakra Aged About 60 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 12 - Sohanram S/o Shri Maan Saay Aged About 63 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 13 - Roop Singh Korram S/o Late Shri Vishambhar Singh Aged About 36 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Industries, Government Of Chhattisgarh, Mantralaya, Naya Raipur, Police Station- Rakhi, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Mineral Development Corporation Through The Managing Director, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Collector Through Surajpur (Formerly Surguja) District Surajpur (Formerly Surguja) Chhattisgarh., District : Surajpur, Chhattisgarh 4 - The Land Acquisition Officer Cum Sub Divisional Officer Through Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - The Tahsildar Through Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh --- Respondent(s) WPC No. 3750 of 2019 1 - Chhatardhari S/o Late Dhansai Aged About 39 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 2 - Bhajan Ram S/o Late Suphal Aged About 56 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 3 - Yetwar Sai S/o Late Badri Aged About 60 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 4 - Virendra Singh Kariyam S/o Late Thakur Ram Aged About 22 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 11 5 - Budhram S/o Late Yetwar Ram Aged About 65 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 6 - Nanku S/o Late Yetwar Ram Aged About 62 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 7 - Ramdhan S/o Late Yetwar Ram Aged About 60 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 8 - Heera Sai S/o Late Lali Aged About 67 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 9 - Sevaram S/o Late Siyamber Aged About 72 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 10 - Parasram S/o Late Nan Baiga Aged About 69 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 11 - Amir Sai S/o Late Devsai Aged About 38 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 12 - Dhani Ram S/o Late Amar Sai Aged About 51 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 13 - Sumar Sai S/o Late Devsai Aged About 60 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 14 - Naihar Sai S/o Late Ramsai Aged About 71 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 15 - Sukul S/o Late Ramsai Aged About 53 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 16 - Mohan Singh S/o Late Luxman Aged About 52 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 17 - Rameshwar S/o Late Devratan Aged About 58 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 18 - Sajjan Ram S/o Late Mohan Aged About 45 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 12 19 - Smt. Shitala W/o Late Amar Singh Aged About 51 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 20 - Dharam Singh S/o Late Ramsundar Aged About 65 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 21 - Rama Singh S/o Late Siyamber Aged About 68 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 22 - Sukhsai S/o Late Bahal Aged About 55 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 23 - Anand Ram S/o Late Dhani Ram Aged About 54 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 24 - Dharmu S/o Late Baten Aged About 53 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 25 - Budhau S/o Late Son Sai Aged About 24 Years R/o Village Shivnagar, P.S. And Tahsil - Premnagar, Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Industries Mahanadi Bhawan Atalnagar Raipur Distt. Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Mineral Development Corporation Through The Managing Director Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Collector Surajpur Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 4 - The Land Acquisition Officer-Cum -Sub - Divisional Officer (Revenue) Surajpur Distt. Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - The Tahsildar Premnagar Distt. - Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh --- Respondent(s) For Petitioners : Shri Prateek Sharma and Shri A.N. Pandey, Advocates. For Respondent/State : Shri Raj Kumar Gupta, Addl. A.G. and Ms. Shailja Shukla, Dy. G.A. For Respondent No.2 : Shri R.S. Patel, Advocate. 13 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01.08.2025 1. The petitioners have filed these petitions seeking the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 09.01.2019 (ANNEXURE P/1) passed by the respondent no. 4. 10.2 That, this Hon’ble Court may kindly be pleased to set aside the entire acquisition proceedings initiated by the respondents in the Village Tara & Shivnagar, in the interest of justice. OR That, this Hon'ble Court may kindly be pleased to direct the respondents to calculate adequate and proper compensation and make payment along with interest at 15% per annum, from the date of award i.e. 30.09.2011, to the date of payment to the petitioners, complying with all provisions of rehabilitation policy and providing developed plots to the petitioners before dispossessing the petitioners from their properties, in the interest of justice. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. The facts, in a nutshell, are that the Chhattisgarh Mineral Development Corporation Limited (CMDCL), Raipur, sent a proposal to the Collector, Surguja, for the acquisition of private lands under the provisions of the 14 Land Acquisition Act, 1894 (for short ‘the Act, 1894’), for the implementation and development of the Tara Coal Project. A direction was issued to initiate land acquisition proceedings for acquiring 225.24 hectares of land situated at Village Tara, Tehsil and District Surajpur. A notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 26.6.2009. On 7.7.2009, a public notice was issued inviting objections from the affected persons according to the provisions of Section 5A of the Act, 1894. On 12.8.2009, a notification under Section 6 of the Act, 1894, was issued and published in daily newspapers on 31.8.2009. On 19.3.2010, the State of Chhattisgarh issued a gazette notification regarding revising the compensation amount. Subsequently, a notification under Section 9(1) of the Act, 1894, was issued, and an award was passed by the Land Acquisition Officer on 12.8.2011. The award was approved by the Commissioner, Ambikapur, Sarguja, on 30.9.2011. 3. The entire compensation amount was deposited by Adani Power Limited with the Land Acquisition Officer. The mutation proceedings were initiated in favour of CMDCL, and the petitioners were compelled to hand over the possession of their lands. Adani Power Limited was allotted a coal block; however, the Hon’ble Supreme Court quashed the allotment vide order dated 25.8.2014 in W.P.(Crl) No. 120 of 2012 and other connected matters. The petitioners pleaded that, as the coal 15 block allotment has already been quashed, the land acquisition proceedings are vitiated. 4. The petitioners have also stated that although the rate of compensation was revised by the State Government vide notification dated 19.3.2010, the Land Acquisition Officer did not take this notification into consideration. Furthermore, the appropriate amount of solatium was not paid to the land oustees. The petitioners made representations before the respondent authorities on 6.2.2012, 3.9.2012, 12.11.2012 & 24.5.2013 seeking payment of adequate compensation. When no action was taken by the respondents, some petitioners filed WP(C) No.1183 of 2013 and vide order dated 12.8.2013, the District Collector was directed to take necessary steps. Some petitioners also filed Contempt Petition No.34 of 2014, following which the compensation was paid. It is pleaded that the compensation was paid after a delay of 2 – 3 years from the date of the award without any interest. The petitioners have referred to Section 28 of the Act, 1894, which deals with the payment of interest. It is also pleaded that there was no urgency warranting the invocation of Section 5A of the Act, 1894. Additionally, it is pleaded that the Hon’ble Supreme Court, vide orders dated 25.8.2014 and 24.9.2014, cancelled the coal block allocations from 1993 to 31.3.2011, including those relating to CMDC and the Tara Coal Block. Respondent No. 4 vide order dated 9.1.2019, directed the Tehsildar, Premnagar, to initiate mutation 16 proceedings pertaining to the acquired lands after a lapse of 8 years from the date of the award. It is also pleaded that this action violates Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short ‘the Act, 2013’). It is also pleaded that the respondents ought to have acquired the entire chunk of land at once, but the lands have been acquired in piecemeal without making payment of compensation. It is also pleaded that the compensation amount paid by Adani Power Limited to CMDCL has already been refunded to it after the cancellation of the coal block. In the alternative, the petitioners have sought direction to the respondents to calculate adequate and proper compensation and to make payment along with interest @15% per annum from the date of the award, i.e. 30.9.2011. 5. The learned counsel appearing for the petitioners would submit that respondent No.4 issued a direction to the Tehsildar to initiate mutation proceedings after a lapse of 8 years from the date of the award without assigning sufficient reasons. It is further submitted that the coal block allotment has already been quashed by the Hon’ble Supreme Court; therefore, the respondent/CMDC has no right or locus to acquire the land or initiate mutation proceedings. It is also submitted that the possession has not been taken over by respondent No.2 and therefore, the acquisition proceedings are vitiated. It is also argued that though the award was passed on 12.8.2011, the 17 compensation was paid only after the intervention of this Court in September, 2014; therefore, the petitioners are entitled to 15% compound interest on the compensation amount. In support thereof, reliance has been placed on the judgments of the Hon’ble Supreme Court rendered in the matters of Manohar Lal Sharma vs. Principal Secretary and others, (2014) 9 SCC 516 and (2014) 9 SCC 614 and Kedar Nath Yadav vs. State of West Bengal and Others, (2017) 11 SCC 601. 6. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioners. Shri Raj Kumar Gupta, Addl. Advocate General appearing for the State would submit that the award was passed on 12.8.2011, and it has been accepted by the petitioners. The amount of compensation was deposited by respondent No.2 with the Land Acquisition Officer immediately thereafter, and the petitioners accepted it in the month of September, 2014. It is further argued that the petitioners have not challenged the award dated 12.8.2011. He would further contend that although the Hon’ble Supreme Court has canceled the coal block allocation order, the land acquisition proceedings and the award passed on 12.8.2011 by the Land Acquisition Officer are still in existence as the same have not been touched. He would also submit that the entire land was acquired in the name of respondent No.2/Corporation, and, if coal 18 block allocation is canceled, it is for respondent No.2 to utilise the land and allot it to another entity. 7. With regard provisions of Section 24(2) of the Act, 2013, he would submit that the Hon’ble Supreme Court in the matter of Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129, has clarified that there shall be no deemed lapse of acquisition proceedings once compensation has been paid and accepted by the land oustees. 8. With regard to the alternative part of the prayer made by the petitioners, learned State counsel would submit that the petitioners have neither pleaded any provision of law entitling them to receive such interest, nor have they adequately proved the negligence on the part of the respondent State. It is also argued that the petitioners may approach the competent authority in accordance with law to raise their grievance. He would submit that the petitions deserve to be dismissed. 9. Learned counsel for respondent No.2 would support the contention made by counsel for the State. 10. I have heard learned counsel for the parties and perused the documents present on the record. 11. In the present case, the lands of the petitioners and other land oustees were acquired according to the provisions of the Act, 1894, by respondent No.2/CMDC and an award was passed on 12.8.2011. The 19 petitioners accepted the amount of compensation in the month of September, 2014. The petitioners have filed these petitions on the grounds that the coal block allotment in favour of the Tara Coal Project was canceled by the Hon’ble Supreme Court in the matter of Manohar Lal Sharma (supra), and mutation proceedings were initiated by the revenue authorities after a lapse of 8 years. The petitioners, in these petitions, have sought a direction to the respondents to pay adequate and proper compensation with interest @ 15% from the date of the award, and thus, the petitioners have sought two conflicting reliefs. 12. Admittedly, the lands were acquired by respondent No.2 for the development of the Tara Coal Project and the coal block was allotted to Adani Power Limited. Initially, the amount of compensation was deposited by the said company with the Land Acquisition Officer; however, the allocation of coal blocks was canceled by the Hon’ble Supreme Court in the above-stated matters, and consequently, the compensation amount was refunded to the said company. 13. The order in Manohar Lal Sharma (supra) was passed on 25.8.2014, whereas the award was passed by the Land Acquisition Officer on 12.8.2011, and approved by the Commissioner, Ambikapur, on 30.9.2011. The Hon’ble Supreme Court in Manohar Lal Sharma (supra), (2014) 9 SCC 516, in paras 162.8 & 162.9, held as follows:- 20 “162.8. However, almost after 22 years, vide Circular dated 12.12.2001, the Central Government, reviewing its earlier policy, allowed the State Government companies or undertakings to do mining of coking and non-coking coal or lignite reserves either by opencast or underground method, anywhere in the country, subject to the conditions set out therein. Under the revised policy, the State Government company/undertaking was permitted to mine non-coking coal and coking coal reserves or lignite by opencast/underground method without the restriction of “isolated small pockets”. 162.9. Having carefully examined the Circular dated 12.12.2001, in light of the provisions of the CMN Act, as amended in 1976, it appears to us that the circular is not in conformity with the provisions of the CMN Act and, consequently, has no legal sanction. CMN Act and further amendments therein carried out in 1976 do not allow State Government or State PSUs to mine coal for commercial use. The problem seems to have arisen because of the 2001 circular which permits the State Government companies or undertakings to do mining of coking and non-coking coal reserves but, as noted above, the legislative policy in the CMN Act does not permit that. The recommendation for allocation by the Screening Committee to the State PSUs and also the allocation made to the State PSUs through Government dispensation route are, therefore, in violation of the provisions of the CMN Act, as amended from time to time.” 14. In the matter of Manohar Lal Sharma, (2014) 9 SCC 614, (supra), the Hon’ble Supreme Court held in para 32, as under:- “32. As far as the first category of coal block allotments is concerned, they must be cancelled (except those mentioned in the judgment). There is no reason to “save” them from cancellation. The allocations are illegal and arbitrary; the allottees have not yet entered into any mining lease and they have not yet commenced production. Whether they are 95% ready or 92% ready or 90% ready for production (as argued by some learned counsel) is wholly irrelevant. Their allocation was illegal and arbitrary, as already held, and therefore we quash all these allotments.” 21 15. A bare reading of the above-quoted passage would make it clear that the coal blocks were allocated in an arbitrary and illegal manner, in contravention of the provisions of law; therefore, the Hon’ble Supreme Court canceled the first category of coal block allotments. The judgment passed by the Hon’ble Supreme Court would show that the land acquisition proceedings and awards passed were not touched. 16. The petitioners, in these petitions, have not challenged the award passed by the Land Acquisition Officer dated 12.8.2011; rather, they have sought a direction to the respondent authorities to make payment of adequate and proper compensation with interest @ 15%. The petitioners have claimed proper compensation; therefore, their contention with regard to Section 5A of the Act, 1894, would not be maintainable. They are not firm on their stand with regard to Section 5A of the Act, 1894. 17. With regard to provisions of Section 24 of the Act, 2013, the Hon’ble Supreme Court in the matter of Indore Development Authority (supra), in para 366.3, held that the word “or” used in Section 24(2) between possession and compensation has to be read as “nor” or as “and”. It is held that the deemed lapse of land acquisition proceedings under Section 24(2) of the Act, 2013, takes place where, due to inaction of the authorities for five years or more prior to the commencement of the said Act, the possession of land has not been taken or 22 compensation has not been paid. In other words, in case the possession has been taken but compensation has not been paid, then there is no lapse. Similarly, if compensation has been paid, possession has not been taken, then there is also no lapse. Para 366.3 reads thus:- “366.3. The word ‘or’ used in Section 24(2) between possession and compensation has to be read as ‘nor’ or as ‘and’. The deemed lapse of land acquisition proceedings under Section 24(2) of the Act of 2013 takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse.” 18. In the present case, the compensation was paid to the petitioners, and it was accepted by them. And this fact has been pleaded by the petitioners in writ petitions; therefore, according to the provisions of Section 24(2) of the Act, 2013, the acquisition proceedings would not lapse. 19. The award was passed in accordance with the provisions of the Act, 1894, and thereafter, compensation amounting to Rs.113,40,59,363/- was deposited with the Land Acquisition Officer through the Collector, Surajpur on 26.11.2013. Thus, the right accrued in favour of respondent No.2. Respondent No.2 approached the authorities for mutation and accordingly, a direction was issued in the month of January 2019 by respondent No. 2 to initiate mutation proceedings. 23 Further, the petitioners could not prove that they are still in possession of the acquired property. 20. Taking into consideration the above-discussed facts and the law laid down by the Hon’ble Supreme Court in the above-referred cases, no case is made out for interference. 21. Accordingly, these petitions are dismissed. However, the petitioners would be at liberty to approach the appropriate authority claiming therein adequate compensation with interest, if so advised. Sd/- (Rakesh Mohan Pandey) Judge Nimmi