1 / 3 2025:CGHC:4275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1957 of 2022 1 - Deshraj Singh Thakur S/o Shri Palat Singh Aged About 70 Years R/o Village Majgaon, Post Nawagaon, Tahsil And District Mungeli Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh The Secretary, Irrigation Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - Collector, Mungeli, District Mungeli, Chhattisgarh. 3 - Sub Divisional Officer (Rev)/Land Acquisition Officer, Mungeli, District Mungeli, Chhattisgarh. 4 - Executive Engineer, Maniyari Jal Sansadhan Division, Mungeli, District Mungeli, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. C. K. Sahu, Advocate For Respondents/State : Mr. Shreyansh Mehta, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 2 / 3 23/01/2025 1. By the present writ petition, the petitioner who is the owner of the land bearing Khasra No.11 admeasuring total area of 3.7200 hectare situated at Majgaon, Tahsil & District Mungeli, is seeking a direction towards the respondent authorities to make payment of compensation in lieu of the land of the petitioner acquired by the Government. 2. Learned counsel appearing for the petitioner submits that the land of the petitioner is submerged in the Majgaon Dam of the Water Resource Division, Mungeli and due to the said development, the petitioner is not able to do his agricultural work, still the respondent authorities are not making payment of compensation towards the said land of the petitioner. 3. learned counsel for the respondents by referring the communication dated 13/07/2022 (Annexure R/2) issued by the respondent No.4/ Executive Engineer to respondent No.3/ SDO (Revenue), Mungeli, submits that the Executive Engineer has intimated the SDO about the spot inspection which was done by the SDO, Maniyari, Water Resource Sub-Division Mungeli in presence of the villagers and it was found that the land is not coming within the dam area and the land situated near about a distance of 600 feet from the FTL line and not coming under the sinkable area of the dam. 4. I have heard learned counsel for the parties, perused the documents and the communication dated 13/07/2022. 3 / 3 5. Perusal of the communication dated 13/07/2022 would show that the Executive Engineer has mentioned that there was a spot inspection made by the SDO, Maniyari, Water Resource Sub- Division Mungeli but it has not been mentioned in the said communication that, whether on the date of spot inspection, demarcation proceeding has been made in presence of the petitioner or not. 6. From perusal of the communication, it appears that the inspection/ demarcation has been made in presence of some of the villagers only and no opportunity of hearing was afforded to the petitioner at the time of spot inspection/demarcation made by the SDO, Maniyari, Water Resource Sub-Division Mungeli. 7. In view of the above, the respondent No.3/SDO, Mungeli/ Land Acquisition Officer is directed to demarcate the land in question by a spot inspection in presence of the petitioner and by providing sufficient opportunity of hearing to him within a period of 60 days from the date of receipt of a copy of this order and pass necessary order and if the land of the petitioner is coming within the sinkable area of the Majgaon Dam, the necessary steps be taken for payment of compensation towards the land of the petitioner, in accordance with law. 8. With the aforesaid direction and observation, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar