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2025:CGHC:26413
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2965 of 2025 Sagirun Nisha D/o Mohammad Ishak Khan Aged About 68 Years R/o Mehadi Hassan, Ward No. 2, School Para, Odgi Naka, Baikanthpur, District Koriya Chhattisgarh (Name Of Petitioner Correctly Mentioned)
... Petitioner versus 1 – State of Chhattisgarh Through Secretary, Revenue and Disaster Management Department, Mahanadi Bhawan, Atal Nagar Raipur, Chhattisgarh 2 - Collector District Koriya (Baikunthpur), Chhattisgarh 3 - Sub Divisional Magistrate (Revenue) And Land Acquisition Officer, Baikunthpur, District Koriya Chhattisgarh 4 - Tahsildar Baikunthpur, District Koriya Chhattisgarh
... Respondents For Petitioner : Mr. Pankaj Singh, Advocate For State : Mr. Abhishek Gupta, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 20/06/2025
1. With the consent of learned counsel for the parties, the matter is heard finally.
2. By way of the instant petition, the petitioner is seeking a direction towards the respondent authorities to direct them to disburse the amount of compensation in lieu of acquisition of her land bearing Khasra No.570/36, admeasuring 1.278 hectare to the tune of Rs.39,73,607. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.28 14:28:03 +0530
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3.
Learned counsel for the petitioner contended that the petitioner is the lawful owner and possessor of the land situated in village Charcha, Tahsil Baikunthpur, District Koriya, bearing Khasra No.570/36 admeasuring 2.426 hectares. He would next contend that on account of construction of a dam project, large area including the part of land of the petitioner was submerged. As such, the land acquisition proceedings were initiated by the Respondent State and an award was passed on 10/09/2021 in acquisition Case No.02/A-82/2018-19 in respect of 1.278 hectares of petitioner’s land compensation was determined to the tune of Rs.39,73,607/-. He would next contend that despite the passage of more than three years the amount of compensation has not been released, therefore, it is prayed that a direction may be issued for disbursement of the compensation amount.
4. Learned State counsel fairly admitted the fact that there is no dispute with regard to compensation amount of Rs.39,73,607/- awarded by the competent authority and the same is due to be paid to the petitioner but due to shortage of fund Respondent No.2 could not disburse the amount to the petitioner.
5. I have heard learned counsel for the parties and perused the documents.
6. It is not in dispute that the aforementioned land of the petitioner i.e. Khasra No.570/36 admeasuring 1.278 hectares has been acquired by the respondent for construction of a dam project and the award has
3 / 3 already been passed in favour of the petitioner and there is no dispute with regard to determination of the compensation amount of Rs.39,73,607/-. Till date more than 03 years have passed and not a single penny has been paid to the petitioner. Therefore, considering the entire facts & circumstances of the case, it is directed that the respondent authorities shall make payment of the compensation amount to the petitioner within a period of 45 days from the date of receipt of copy of this order.
7. With the aforesaid observation, the instant writ petition stands
disposed of. SD/- (Arvind Kumar Verma)
JUDGE ashu