1 2025:CGHC:23787 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2634 of 2025 1 - Vilas Gangadhar Rao Gupte S/o Late Gangadhar Rao Gupte Aged About 77 Years R/o Rajendra Nagar, Bilaspur, Tah. And Dist.- Bilaspur (C.G.) 2 - Akash Gupte S/o Late Avinash Gupte Aged About 35 Years R/o Rajendra Nagar, Bilaspur, Tah. And Dist.- Bilaspur (C.G.) 3 - Smt. Anita Gupte Wd/o Avinash Gupte Aged About 68 Years R/o Rajendra Nagar, Bilaspur, Tah. And Dist.- Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Water Resource Department, Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G) 2 - The Collector Bilaspur, District- Bilaspur (C.G.) 3 - The Land Acquisition Officer Cum Sub-Divisional Officer (R) Division- Quota District- Bilaspur (C.G.) 4 - The Chief Engineer Hasdev Kachhar, District- Bilaspur (C.G.) 5 - The Executive Engineer Arpa Bhaisajhar Bairaj Project Water Resource Division Quota, Dist.- Bilaspur (C.G.) ... Respondent(s) 2 For Petitioner(s) : Mr. Vineet Kumar Pandey, Advocate For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 13/06/2025 1. With the consent of the parties the present petition is heard finally. 2. The present petition is filed by the petitioner praying for the following relief(s): “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent no. 3 and 5 to pay the entire compensation amount which is payable to the petitioner as per the award dated 17.10.2023 (Annexure P-1) in the reference case no. 173/2019 within a stipulated period. 10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit. 10.3 Cost of the petition may also be awarded.” 3. Brief facts of the case is that the petitioners are not challenging any particular order but inaction and apathy of the respondent authority whereby after passing the Award dated 17.10.2023 passed by the Land Acquisition Tribunal, Raipur (C.G.) in reference case no. 173/2019, particularly the respondent no. 3 and 5, till date had not given the compensation as well as rehabilitation grant which has been awarded in the favor of the petitioners against their land which has been acquired by the department of respondent no. 1,4 & 5. 3 4. Learned Counsel for the petitioner submits that the entire act and conduct of the respondents is arbitrary, illegal, preserved and against the eye of law. 5. In this regard, the learned State Counsel presented the letter dated 31.01.2025 of the Executive Engineer, Water Resources Division, Kota, District- Bilaspur (C.G.) to the petitioner no. 1 stating that since the other 2 cases of relating to the land acquisition for not giving benefit of Rs. 5 lakh from the total amount of Rs. 27,79,947/- bearing WPC No. 4648/2019 and WPC No. 4577/ 2019 is still pending before this Court, therefore, if the petitioner wants to get the rest amount he shall submit the necessary document and affidavit. The letter dated 31.01.2025 is taken on record. 6. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. Perusal of record shows that the land of the petitioners were acquired by the respondent no. 1, 4 and 5 under the project of construction of canal. With regard to fare compensation which has been registered as Reference Case No. 173/2019 in which the Land Acquisition Tribunal, Raipur (C.G.) after giving due opportunity of hearing to the parties vide its award dated 17.10.2023, it was held that the petitioners are entitled to receive the compensation award of Rs. 18,26,280/- and Rs. 5,00,000/- as rehabilitation grant with interest @ 9% for the 1st year and thereafter 15% interest on every subsequent year from the date of possession till date of award. 8. Considering the facts and circumstances of the case, the submissions of 4 the counsel since the amount of Rs. 5 lakhs for rehabilitation grant is under challenge and is still pending, therefore, this Court directs the petitioner to approach the concerned authority for the rest of the compensation amount and the respondents are directed to make payment of rest of the amount, i.e. 22, 79, 947/-, subject to verification within 90 days from the date of receipt of copy of this order. 9. Since the rehabilitation grant of Rs. 5 lakhs is under challenge before this Court in another petition, therefore, the same cannot be granted to the petitioner at this stage. 10.Accordingly, the present writ petition stands disposed off. Sd/- (Arvind Kumar Verma) JUDGE Madhurima