1 2025:CGHC:48224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4992 of 2025 1 - Smt. Genda Bai W/o Shri Ratiram Aged About 62 Years R/o Village Bhuskura Pahal Halka No. 4, Gorella Tahsil Pendraroad Bilaspur District - Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resource Mahanadi Bhawan, Nawa Raipur, District - Raipur (C.G.) 2 - Executive Engineer Office Of Water Resource Division Marvahi, Pendraroad Gorella - Pendra - Marwahi (C.G.) 3 - Collector Gorella Pendra Marvahi, District - Gorella - Pendra - Marwahi (C.G.) 4 - Sub Divisional Officer (Revenue) Pendraroad Gorella - Pendra - Marwahi (C.G.) 5 - Land Acquisition Officer , Pendraroad District - Gorella - Pendra - Marwahi (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Shashikant Chauhan, Advocate For Respondent-State : Mr. Anurag Tripathi, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 19/09/2025 1. With the consent of the parties the matter is heard finally. 2. By way of this writ petition, the petitioner is aggrieved by the rejection order dated 30/12/2024, whereby the petitioner's application for grant of compensation towards acquired land i.e. Khasra no. 552/2 (0.372 Digitally signed by JYOTI JHA Date: 2025.09.23 10:47:03 +0530 2 Hector) out of 0.660 Hector under un-irrigated head, has been rejected stating it to be barred by limitation as provision of Section 64 of land Acquisition Act. The petitioner is further aggrieved by the act of respondent whereby they have acquired the petitioner's land under head of Un-irrigated whereas the land was having 'Handpump' which was installed in the year, 2006 and the Halka Patwari has given report in favor of petitioner. Further the petitioner is challenging the 'Award' passed dated 09/08/2014, passed in Case no. 14/A-82/2010-11, regarding Land situated at village Bhaskura, Pahal Halka No. 4, Gorella, Tahsil Pendraroad, Bilaspur, for the purpose of 'Cannel Construction' under Diversion Plan, whereby petitioner has been paid less compensation against irrigation land (Khasra no. 552/2 area 0.372 Hector). Hence this petition. 3. Learned counsel for respondents submits that as per Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, the petitioner may file reference before the Collector and the same shall be decided in accordance with law. 4. In this regard, learned counsel for the petitioner submits that he has already filed written application before the concerned collector, but the concerned Collector did not consider the application and the matter has not been referred by the Collector for determination of award. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and looking to the provision under section 64 of the Act 2013, instead of keeping this 3 petition pending, I find it appropriate to dispose of the same at this stage directing the respondent No. 3-Collector to consider/decide the application of the petitioner (Annexure P-3) & (Annexure P/4) dated 18.03.2025 and to refer the matter as per Section 64 of the Act 2013 to the Tribunal for consideration of award as expeditiously as possible in within a period of 90 days from the date of receipt of copy of this order. 7. It is made clear that this Court has not expressed anything on the merits of the case. 8. With the aforesaid direction, the writ petition is disposed of. SD/- (Arvind Kumar Verma) Judge Jyoti