1 2025:CGHC:14839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1963 of 2022 Lakhan Lal S/o Shri Birde Ram Aged About 40 Years R/o Village Kunkuni, Tahsil Kharsia, District Raigarh, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Managment, Mahanadi Bhawan Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - Secretary, Department Of Water Resource, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 3 - Collector, District Raigarh Chhattisgarh. 4 - Managing Director, D.B. Power Station Badadarha, Post Kanali, District Raigarh Chhattisgarh. 5 - Sub Divisional Officer (R) Kharsia, District Raigarh Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Jeet Patel, Advocate For Respondents-State : Mr. Khulesh Sahu, Panel Lawyer For Respondent No.4 : Mr. Anand Shukla, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 27.03.2025 1 Heard Mr. Jeet Patel, learned counsel for the petitioner as well as Mr. Khulesh Sahu, learned Panel Lawyer, appearing for the State/respondents No.1 to 3 and 5 and Mr. Anand Shukla, learned counsel appearing for respondent No.4. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.29 11:18:23 +0530 2 2 The instant petition is preferred by the petitioner under Article 226 of the Constitution with the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents to give damages of crop to the petitioners for the years 2017-18, 2018-19, 2019-20 & 2020-21, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to decide petitioner's representation (Annexure-P/2), within stipulated time regarding grant of damages of crop of his agriculture land, in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to arrange for drainage (flow system) from the petitioners affected agriculture land, which made due to construction of such project, in the interest of justice. 10.4 Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favor of the petitioners together with cost of the petition, in the interest of justice.” 3 Learned counsel for the petitioner submits that the petitioner is the owner of land bearing Khasra Nos.399/05, 398/kh. 397, 397/kh, 375/2, measuring area 0.11, 0.084, 0.097, 0.065, 0.036, 0.008 Hectare, total affected land is 97 Decimal Land, due to adjacent of construction of Railway line in the year 2015 and for such project 3 as well as for closed canal, there is always being full of water in the agriculture land of the petitioner, in which he cannot grows crop, which is only income of source of the petitioner. He further submits that respondent No.5 has given an amount of Rs.30,000/- for compensation as damages of crop, which was issued in the year 2017 to the petitioner, but the respondents neither paid remaining compensation for damages of crops nor proper assessment is made as per market value for such damages of crop. As such, respondents be directed to be paid the compensation to the petitioner. 4 Learned counsel for respondent No.4 has submitted that vide ordedr dated 23.04.2022, compensation to the tune of Rs.35,000/- has already been paid to the petitioner and even if, the petitioner is having any grievance for getting more compensation, he may be approached to the Sub Divisional Officer (R) Kharsia, District Raigarh (C.G.). 5 Learned State counsel has submitted that if any application for getting more compensation is filed by the petitioner, the same shall be decided in a short span. 6 Considering the facts and circumstances of the case, the petitioner is directed to submit an appropriate application along with relevant documents before the Sub Divisional Officer (R) Kharsia, District Raigarh (C.G.), who in turn, shall consider and decide the application filed by the petitioner expeditiously preferably within a 4 period of 60 days from the date of filing of the application by the petitioner along with the copy of this order. 7 With the aforesaid observation/direction, instant petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh