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2025 DAILYLAW 37892 (CHH)

RESHAM LAL BEHRA v. STATE OF CHHATTISGARH

WPC/4049/2025 · 2025-07-30

Shri Arvind Kumar Verma

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Judgment text

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1 / 4 2025:CGHC:37603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4049 of 2025 1 - Resham Lal Behra S/o Late Pancham Lal Behra Aged About 56 Years Village - Rajpur Tahsil - Lailunga District Raigarh Chhattisgarh 2 - Uttam Lal Behra S/o Late Pancham Lal Behra Aged About 54 Years Village - Rajpur Tahsil - Lailunga District Raigarh Chhattisgarh ... Petitioners versus 1 – State of Chhattisgarh Through The Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar Raipur District Raipur Chhattisgarh 2 - Collector Raigarh, District Raigarh Chhattisgarh 3 - Land Acquisition Officer/ Sub Divisional Officer (Revenue) Gharghoda, Tahsil - Gharghoda District Raigarh Chhattisgarh 4 - Sub Divisional Officer (Revenue) Lailunga Tahsil - Lailunga District Raigarh Chhattisgarh 5 - Tahsildar Lailunga, District Raigarh Chhattisgarh 6 - Executive Engineer Department Of Water Resource, Division Dharamjaigarh District - Raigarh Chhattisgarh ... Respondents For Petitioners : Mr. Ashutosh Mishra, Advocate For State : Mr. Anurag Tripathi, PL ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.02 13:01:45 +0530 2 / 4 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 31/07/2025 1. By way of the present petition, the petitioner is claiming for the following reliefs:- 10.1 That this Hon’ble Court may kindly be pleased to respondents to initiate the proceedings in accordance with the section 24 of the Right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 10.2 That this Hon’ble Court may kindly be pleased to direct the respondent authority to consider the representation filed by the petitioners. 10.3 To kindly grant any other writ/writs, order/orders, relief/reliefs in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner. 2. The grievance of the petitioners is that the land belonging to the petitioners situated in village Gahanahariya, Tahsil Lailunga, Raigarh, CG bearing Khasra Nos.1211/1, admeasuring 0.813 hectare; 1243, admeasuring 1.010 hectare; 1245, admeasuring 0.300 hectare; 1246, admeasuring 0.180 hectare; 1247, admeasuring 0.230 3 / 4 hectare; 1237, admeasuring 0.570 hectare, 1235, admeasuring 0..600 hectare; 1210.1, admeasuring 0.024 hectare; 1234, admeasuring 0.800 hectare total 3.703 hectare the said lands were subsequently recorded in the name of Water Resources and Irrigation Department despite there being no consent given by the petitioners for the acquisition of the same and no compensation has been granted to the petitioners. 3. Learned counsel for the petitioners would submit that the proceedings of land acquisition were initiated for acquisition of the lands in village Gahanahariya for the construction of Dam in the year 2010 and the award was passed in the year 2011, however, till date no land has been utilized by the Government and despite the fact that the petitioners have not given their consent for the acquisition of their lands their names have been changed in the revenue records and no compensation has been granted to the petitioners. 4. Learned State counsel opposes the submissions made by learned counsel for the petitioners. 5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 6. Considering the entire facts and circumstances of the case, it is directed that Respondent No.3 shall decide the representation of the petitioner dated 29.11.2024 (Annexure P/4) expeditiously as soon as 4 / 4 possible in accordance with law. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the representation of the petitioner on its own merits. 8. With the aforesaid observation, the writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu