1 2025:CGHC:9141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1437 of 2019 1 - Hraday Say S/o Aasan Ram Shandily Aged About 28 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 2 - Vijay Nath S/o Makharam Aged About 35 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3 - Shanti Bai W/o Halaknath Aged About 40 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - Kulan Ram S/o Ramsay Tekam Aged About 60 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 5 - Lalji S/o Thisu Shandily Aged About 36 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 6 - Dulersay S/o Gambhir Say Maravi Aged About 28 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 7 - Purshotam S/o Prameshwar Maravi Aged About 28 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 8 - Shivcharan Maravi S/o Sampet Maravi Aged About 29 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 9 - Lalita Maravi W/o Late Manegar Maravi Aged About 28 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 10 - Ratilo Bai W/o Harishchandra Gond Aged About 50 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh Digitally signed by SMT NIRMALA RAO -2- 11 - Sunita Singh W/o Duhan Singh Aged About 45 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 12 - Charaki Bai Maravi D/o Pitambar Maravi Aged About 52 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 13 - Dashrath Singh Markam S/o Sedara Tekam Aged About 56 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 14 - Harishchandra Uike S/o Chheratu Gond Aged About 48 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 15 - Virsay Markam S/o Bhurkundi Gond Aged About 59 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 16 - Duhan Ram S/o Ram Aautar Gond Aged About 52 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 17 - Sarveshwar Singh Maravi S/o Late Gediram Maravi Aged About 57 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 18 - Trilok Chand S/o Duhan Ram Aged About 29 Years R/o Village Karagidih, Thana And Tahsil-Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 19 - Shankar S/o Bahoran Aged About 35 Years R/o Village Chalgali, Thana And Tahsil- Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Water Resources Department, Mantralay, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector Surguja, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3 - The Sub Divisional Officer (R) Prescribed Authority, Lundra, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - The Chief Executive Engineer Water Resources Division, Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh 5 - The Executive Engineer Water Resources Division, Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh., District : Balrampur, 3 Chhattisgarh 6 - The Executive Engineer Water Resources Division No.1, Ambikaur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh. ---- Respondents For Petitioners : None. For Respondent/ State : Shri S.P. Kale, Addl. A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21.02.2025 1. No one appears on behalf of the petitioners even when the case is taken up for hearing in two rounds. 2. The petitioners have filed this petition seeking the following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to direct the respondents to include the name of petitioners in case of acquisition and pay the compensation and arrange the rehabilitation to the petitioners in lieu of their affected lands into dame, with interest from the date of entitlement, or may kindly be pleased to pass the suitable order, in the interest of justice. 10.2 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 3. The petitioners have pleaded that the State has initiated the construction of a dam at Gagar River between Gram Panchayat Kuddikala and Village Karagidih, namely Gagar Feeder Jalashay Pariyojana. It is further pleaded that the names of the petitioners have not been included in the list of the affected persons and land oustees, whereas they are in possession of the land for several decades. It is further pleaded that the petitioners made -4- representations before the respondent authorities, but no action has been taken. 4. Learned counsel for the State would submit that the petitioners were in possession of the government land, particularly forest land “Bade jhad ka jungle”. He would contend that as the petitioners were not in possession of Bhumiswami rights of the land, their names were not included in the list of the land oustees. He would further submit that the petition deserves to be dismissed as the petitioners are not entitled to get compensation or any other benefits. 5. Heard learned counsel for the State and perused the documents present on the record. 6. From a perusal of the documents submitted by the State along with the return, it is quite vivid that the petitioners have encroached over the government land and they are claiming compensation. The petitioners have not placed any document to demonstrate that the acquired lands were recorded in their names in the revenue records. Mere making representations would not create any right in their favour. 7. Taking into consideration the above-discussed facts, I do not find any good ground to interfere in the matter. Accordingly, the writ petition is dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge Nimmi