1 2025:CGHC:10434 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FAM No. 38 of 2014 1 - Kheekh Ram S/o Samaru Ram Aged About 40 Years R/o Podishankar, Tah. And P.S. Champa, Distt. Janjgir-Champa C.G. ... Appellant versus 1 - State Of Chhattisgarh Through Collector, Janjgir, Distt. Janjgir-Champa (C.G.) [ 2 - Executive Engineer Minimata Bango Canal Division No. 02, Water Resources Department, Champa, Tah. Champa, Distt. Janjgir-Champa C.G., District : Janjgir-Champa, 3 - Land Acquisition Officer Hasdeo Project, Janjgir, Distt. Janjgir-Champa C.G., District : Janjgir-Champa, (C.G.) ... Respondents For Appellant : Mr. Govind Dewangan, Advocate. For Respondents : Mr. Santosh Soni, Govt. Advocate. Hon’ble Mr.Justice Naresh Kumar Chandravanshi Order on Board 03/03/2025 1. This appeal has been preferred by the appellant under Section 54 of the Land Acquisition Act challenging the award dated 20.01.2014 passed by First Additional District Judge, Janjgir, District Janjgir-Champa in M.J.C. (Civil) No. 11/2008 whereby reference made by Land Acquisition Officer for enhancement of compensation awarded in favour of appellant has been rejected. 2 2. Facts of the case, as projected by the appellant, is that in the year 2001-2002, total 9 dismil of his land bearing Khasra No. 309/2 d, [k, x , was acquired for construction of canal. The said land is adjacent to the road & village, thus, the said land was of the importance of residential plot. The Land Acquisition Officer, Janjgir, Janjgir-Champa vide order dated 28.02.2003, passed in Land Acquisition Case No. 306/A/2001-02, treating the aforesaid land as un-irrigated land, awarded compensation of Rs. 10,282/- in favour the appellant. 3. Being dissatisfied with the award, the appellant sought reference of the matter to the Court under Section 18 of the land Acquisition Act, 1894 (for short ‘the Act, 1894’). The matter was accordingly referred by the Land Acquisition Officer, Janjgir-Champa to First Upper District Judge, Janjgir, District Janjgir Champta for re-determination of the compensation. 4. First Upper District Judge, Janjgir, District Janjgir-Champa, after affording due opportunity of hearing to the parties, vide impugned award dated 20.01.2014, dismissed the reference application filed by the appellant holding it to be barred by limitation as well as on merit also. Hence, this appeal. 5. Learned counsel for the appellant would submit that the appellant’s land, which is acquired for construction of canal, is adjacent to the road & village, as such, it was residential plot, despite that amount of compensation granted to the appellant is very low, which has duly been proved by appellant by adducing evidence, despite that learned First Upper district Judge, Janjgir, Distt. Janjgir- Champa has declined to allow his reference application, which is perverse and against the material available on record, hence, it is prayed 3 that appeal may be allowed and the relief sought by the appellant may be granted to him. 6. On the other hand, learned counsel for the State supported the impugned award. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Ground of claim of appellant is that his said land, which was acquired for construction of canal, was adjacent to the village and road, but no cogent evidence has been produced in this regard. Further, except himself, the appellant has not examined any independent witnesses and he has also failed to produce any valid documents showing the land in question as residential plot. As such, I do not find any infirmity or illegality in the award impugned warranting interference of this Court. 9. For the reasons mentioned hereinabove, the first appeal fails and is accordingly dismissed. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.03.05 17:54:58 +0530