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2025 DAILYLAW 4307 (CHH)

Saghairam v. State Of Chhattisgarh

WPC/2787/2016 · 2025-07-30

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:37443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2787 of 2016 1 - Saghairam So Gangaram, Aged About 57 Years R/o Village And Post Churikala, P.S. And Tahsil Katghora, Civil And Revenue District Korba, Chhattisgarh, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan Naya Raipur, Revenue And Civil District Raipur Chhattisgarh, Chhattisgarh 2 - Collector, Korba, Revenue And Civil District Korba, Chhattisgarh, District : Korba, Chhattisgarh 3 - Land Acquisition Officer, Katghora, Revenue And Civil District Korba, Chhattisgarh, District : Korba, Chhattisgarh 4 - Vandana Energy And Steel Private Limited, Raipur, {60 MW Power Plant At Village Churikhurd, Tehsil Katghora, District Korba}, Having Its Registered Office At Vandana Bhawan, M.G. Road, Raipur, Post And Tehsil Raipur, Revenue And Civil Distt. Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 5 - Tehsildar, Katghora, Revenue And Civil District Korba, Chhattisgarh, District : Korba, Chhattisgarh 6 - Chairman, Chhattisgarh State Power Company Limited, Raipur, Revenue And Civil District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Surfaraj Khan, Advocate For State : Mr. Kalpesh Ruparel, Panel Lawyer For Respondent No. 6 : Mr. Rupesh Sharma, Advocate appears on behalf of Mr. K.R. Nair, Advocate BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.08.01 17:25:32 +0530 2 Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 31.07.2025 1. The petitioner has filed the instant writ petition challenging the land acquisition proceeding in land acquisition case No. 01/v-82/2008-09 initiated by the Land Acquisition Officer, Katghora, District- Korba (C.G.) by which the land of the petitioner bearing Khasra No. 89, area admeasuring 0.65 acres, Khasra No. 90 area admeasuring 0.48 acres situated at Village Chhurikhurd, Tehsil Katghora, District Korba (C.G.) has been acquired. 2. Learned counsel for the petitioner would submit that the land of the petitioner was acquired by the State of Chhattisgarh for construction of power plant for private industries particularly M/s Vandana Energy And Steel Private Limited but they could not establish the plant, therefore, the land has not been still utilized. He would further submit that name of the petitioner is in existence wherein he is doing agriculture on the said land and would pray for setting the aforesaid acquisition proceedings. 3. On the other hand learned counsel for the State would submit that compensation has already been paid to the land owner, therefore, they cannot take shelter of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and would pray for dismissal of the writ petition. 4. Considering the issue involved in the case, I am of the view that the present writ petition is liable to be disposed of. However, the petitioner is at liberty to file afresh petition, if any grievance exists. Sd/- (Narendra Kumar Vyas) Judge Bhumika