1 2025:CGHC:17915 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5350 of 2022 1 - Surendra Nirmalkar S/o Ramsay Nirmalkar Aged About 52 Years R/o Village- Parsabod, Tahsil Khairagarh, (Then District - Rajnandgaon Now District Khairagarh-Chuikhadan Gandai Chhattisgarh) 2 - Umend Nirmalkar S/o Ramsay Nirmalkar Aged About 61 Years R/o Village- Parsabod, Tahsil Khairagarh, District - Rajnandgaon Chhattisgarh. (Then District Rajnandgaon Now District Khairagarh-Chuikhadan Gandai Chhattisgarh) 3 - Devnath Nirmalkar S/o Ram Sahay Nirmalkar Aged About 48 Years R/o Village- Parsabod, Tahsil Khairagarh, (Then District Rajnandgaon Now District Khairagarh-Chuikhadan Gandai Chhattisgarh) 4 - Devnath Yadav S/o Firangi Yadav Aged About 45 Years R/o Village- Parsabod, Tahsil Khairagarh, (Then District Rajnandgaon Now District Khairagarh-Chuikhadan Gandai Chhattisgarh) 5 - Parmeshwar Yadav S/o Narayan Yadav Aged About 34 Years R/o Village- Parsabod, Tahsil Khairagarh, (Then District Rajnandgaon Now District Khairagarh-Chuikhadan Gandai Chhattisgarh) ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya Naya Raipur, District - Raipur Chhattisgarh. 2 - Collector District Khairagarh-Chuikhadan-Gandai C.G. 3 - Sub Divisional Officer (Revenue) Cum-Land Acquisition Officer, District - Khairagarh- Chuikhadan-Gandai Chhattisgarh. 4 - Tahsildar, Khairagarh District Khairagarh-Chuikhadan-Gandai Chhattisgarh. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.23 11:57:34 +0530 2 5 - Executive Engineer, Water Resources Department District Khairagarh- Chuikhadan-Gandai Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioners : Ms. Diksha Gouraha, Advocate on behalf of Mr. Mateen Siddiqui, Advocate For Respondent-State : Mr. Shreyansh Mehta, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 21.04.2025 1. Heard Ms. Diksha Gouraha, learned counsel on behalf of Mr. Mateen Siddiqui, learned counsel for the petitioners and Mr. Shreyansh Mehta, learned Panel Lawyer, appearing for the State. 2. By the present writ petition, the petitioners, are seeking direction towards the respondent authorities for payment of compensation towards the land owned by the petitioner No.1 son of Late Shri Ramsay Nirmalkar bearing Khasra No. 50/1, 53/1, 61/1 and 219/1 and Rakba 0.11, 0.98, 0.49, 0.19 respectively total admeasuring to 1.77 acres, petitioner No.2 son of Late Shri Ramsay Nirmalkar bearing Khasra No. 39 and 41 and Rakba 0.49, 0.62 respectively total admeasuring to 1.11 acres, petitioner No.3 son of Late Shri Ram Sahay Nirmalkar bearing Khasra No. 219/3, 42 and rakba 0.36, 1.14 respectively total measuring to 1.50 acres, petitioner No.4 son of Late Shri Firangi Yadav bearing Khasra number 25/2, 29/1, 29/2, 29/3, 67/2 and rakba 0.88, 1.48, 1.25, 0.92, 0.21 respectively total measuring to 4.74 acres and petitioner No.5 son of Late Shri Narayan Yadav bearing Khasra number 25/1, 27/1, 28, 30, 31, 32/1, 3 67/1, 216/2, 222/2 and rakba 0.81, 0.22, 0.75, 0.50, 0.36, 0.86, 0.09, 0.32, 0.52 respectively total admeasuring to 4.43 acres acquired for the purpose of construction of Uraidabari Jalashay at Village Parasbod, Tehsil Khairagarh, District Khairagarh-Chuikhadan- Gandai. 3. Learned counsel for the petitioners, would submit that, a common award was passed and the respondent authorities have acquired total 69.82 acres of land of 28 farmer of village Parasbod in the year 1988-89 and awarded Rs.3,68,961/-. She would further submits that the Land Acquisition Officer vide letter dated 05.08.1991 directed the Executive Engineer, Water Resource Department to pay the compensation amount of their acquired land at the earliest. It has been contended that after award has been passed by the respondent authorities, they have not given compensation to the petitioners till date, even after the acquired land of the petitioners come under the dip zone of the Uraidabari Jalashay. As such, the respondents may be directed to complete the land acquisition proceedings and compensation be paid to the petitioners. 4. Learned counsel for the respondent-State would submit that the Sub- Divisional Officer (Revenue)/Land Acquisition Officer will verify and inspect the land of the petitioners by making demarcation and if it is found that the land of the petitioners is used for construction of Uraidabari Jalashay, then necessary steps for acquisition of land will be taken under the Right to Fair Compensation and Transparency in 4 Land Acquisition, Rehabilitation and Resettlement Act, 2013 and payment of compensation will be done in accordance with law. 5. I have heard learned counsel for the parties and perused the documents annexed with the writ petition along with the letter dated 05.08.1991. 6. Perusal of the letter dated 05.08.1991 shows that, a direction was given to the Executive Engineer, Water Resource Department to pay the compensation amount of their acquired land at the earliest, but till date, no compensation has been paid in pursuance of the acquired land. 7. Considering the facts and circumstances of the case, respondent No.3 i.e. Sub Divisional Officer (Revenue) Cum-Land Acquisition Officer, District - Khairagarh- Chuikhadan-Gandai Chhattisgarh is directed to inspect the land of the petitioners, in presence of petitioners within 30 days from today and make a demarcation of the land. If the land of petitioners is found to be used for construction of Uraidabari Jalashay, respondents No.2 & 3 are directed to proceed immediately for acquisition of land and ensure proper compensation is paid to the petitioners, in accordance with law. 8. With the aforesaid observation, the petition stands disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh