1 2025:CGHC:17707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1931 of 2025 1 - Tulsi Ram Yadav S/o Dhobiram Yadav Aged About 55 Years Occupation - Farmer, Caste Rout, R/o Village Azizgarh, Tahsil Gharghoda, Distt. Raigarh Chhattisgarh 2 - Jagat Ram Rathiya S/o Tilakram Rathiya Aged About 62 Years Occupation - Farmer, Caster Kanwar, R/o Village Azizgarh, Tahsil Gharghoda, Distt. Raigarh Chhattisgarh 3 - Bhagat Ram S/o Etwar Aged About 55 Years R/o Village Azizgarh, Tahsil Gharghoda, Distt. Raigarh Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Naya Raipur Distt. Raipur Chhattisgarh 2 - The Collector Distt. Raigarh Chhattisgarh 3 - Sub Divisional Officer Gharghoda, Distt. Raigarh 4 - National Thermal Power Company Limited Through Its General Manager, Tilaipali Coal Block Project Office At Lailunga Road, Gharghoda, Distt. Raigarh Chhattisgarh ... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. Parag Kotecha, Advocate For State : Mr. Dilman Rati Minj, Government Advocate For Respondent No. 4 : Mr. Parth Shrivastava, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/04/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 To direct the respondents to make the payment of compensation to the petitioners and further please to direct the respondents not to dispossess the petitioners from their land till payment of Digitally signed by SHAYNA KADRI 2 compensation, resettlement and rehabilitation of the petitioners on an alternative land. 10.2 to direct the respondents to acquire the petitioner's land in case they needed, by following procedure as per law under 2013 Act. 10.3 direct the respondents and its authorities to consider the objection in an objective manner in the interest of justice. 10.4 Any other relief which the Hon'ble court may deem fit and proper under the given facts and circumstances of the case may also be passed in favour of the petitioner and the cost of petition may be awarded in favour of the petitioner.” 2. Facts of the case, in a nutshell, are that The petitioners own several lands in Village Azizgarh, Tahsil Gharghoda, District Raigarh, which are currently undergoing acquisition by the State Authorities for respondent No. 4. As per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the petitioners are entitled to fair and just compensation for the acquisition of their land. However, due to technical reasons beyond their control, they have not received the compensation. The petitioners have filed an objection/application before Respondent No. 3, which is pending consideration. Despite this, the respondents are threatening to dispossess the petitioners from their ancestral land, which they have been in possession of for over 100 years. Dispossessing the petitioners without due process of acquisition and without granting compensation would be a grave injustice. 3 3. Learned counsel for the petitioner submits that respondent / State has acquired the land of petitioners for respondent No. 4, however, till date, neither compensation has been paid nor objection, as raised by the petitioners, have been considered. Petitioner has filed this writ petition with a limited prayed that respondent authorities may be directed to decide the objection as raised by the petitioner and thereafter, proceedings for dispossession of petitioner from the land in question may be carried out. 4. Learned State counsel raises an objection on the submission as advanced by learned counsel for petitioner and would submit that since the petitioners have not filed the objection within specified time frame, hence, their objection cannot be considered. 5. Considering the aforesaid aspect of the matter, petitioner is directed to appear before the respondent authorities on 28rd of April, 2025 and on that date, petitioner may approach before the Land Acquisition Officer cum Sub-Divisional Officer (Revenue), Gharghoda along with all relevant document and objection as earlier raised by him, and in turn, the Land Acquisition Officer cum Sub-Divisional Officer (Revenue), Gharghoda is directed to consider the objection raised by petitioner and to pass appropriate orders. 6. With this observation and direction the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge