Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 28210 (CHH)

DIKESHWAR DHRUW v. STATE OF CHHATTISGARH

WPC/3734/2021 · 2025-04-04

Shri Rakesh Mohan Pandey

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-1- 2025:CGHC:15989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3734 of 2021 1 - Dikeshwar Dhruw S/o Late Than Singh Aged About 36 Years R/o Village Bendkura, Police Station And Tahsil- Gariyaband, District Gariyaband Chhattisgarh. 2 - Riganlal Dhruw S/o Late Than Singh Aged About 32 Years R/o Village Bendkura, Police Station And Tahsil- Gariyaband, District Gariyaband Chhattisgarh. 3 - Rohni Bai W/o Late Than Singh Aged About 54 Years R/o Village Bendkura, Police Station And Tahsil- Gariyaband, District Gariyaband Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh. 2 - The Collector District- Gariyaban, District : Gariyabandh, Chhattisgarh. 3 - The Sub- Divisional Officer (Revenue)- Land Acquisition Officer Gariyaband District- Gariyaband, District : Gariyabandh, Chhattisgarh. 4 - The Executive Engineer Water Resources Department, Dhamtari, District- Dhamtari , District : Dhamtari, Chhattisgarh. 5 - The Executive Engineer Water Resources Department, Gariyaband, District Gariyaband, District : Gariyabandh, Chhattisgarh. ... Respondent(s) For Petitioners : Mr. Sanjeev Kumar Sahu, Advocate Digitally signed by NADIM MOHLE -2- For State : Mr. Prateek Tiwari, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 04.04.2025 1) The petitioners have filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to re-initiate the acquisition process for acquisition of land of petitioners and pay fair compensation in respect of land of petitioners according to present market value of subject land, with interest @ 18% per annum from the date of taking possession of land to its realization. 10.3 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.” 2) Mr. Prateek Tiwari, learned Panel Lawyer appearing for the State would submit that the petitioners have remedy to approach the authority i.e. Collector according to the provisions of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the Act, 2013). 3) Mr. Sanjeev Kumar Sahu, learned counsel appearing for the petitioners would submit that the adequate compensation was not paid to the petitioners. He would pray that the petitioners may be permitted to withdraw this petition with liberty to approach the concerned Collector according to the provisions of Section 64 of the Act, 2013. 4) Accordingly, this writ petition is dismissed as withdrawn. 5) If the petitioners prefer a reference according to the provisions of Section 64 of the Act, -3- 2013 before the concerned authority, it is expected that the authority concerned shall decide it strictly in accordance with law expeditiously as per the mandate of that Section. Sd/- (Rakesh Mohan Pandey) Judge Nadim