1 2025:CGHC:2377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6160 of 2024 1 - Khemraj S/o Jagbandhu Aged About 50 Years Resident Of Village Hichchha, Tehsil Sarangarh, District Sarangarh-Bilaigarh, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disater Management, Mantralaya Mahanadi Bhawan Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - Collector District Sarangarh-Bilaigarh, Chhattisgarh. 3 - Sub Divisional OfÏcer (Revenue) Cum Land Acquisition OfÏcer Sarangarh, District Sarangarh-Bilaigarh, Chhattisgarh. 4 - Executive Engineer Water Resource Department Raigarh Division Raigarh, District Raigarh, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Dr. Sudeep Agrawal, Advocate along with Apurva Nigam, Advocate For Respondent/State : Ms. Anuja Sharma, Panel Lawyer. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.15 23:32:22 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 15.01.2025 1. Learned counsel for the petitioner submits that the land of the petitioner bearing Khasra No. 336/1 ख admeasuring area 0.066 hectare situated at Village Hichchha, Tehsil Sarangarh, District Sarangarh-Bilaigarh, C.G. has been utilized for construction of Kalma Bairaj as the said land has been sub-merged in the construction of water reservoir. Earlier the writ petition was filed by the writ petitioner bearing WPC No. 3477/2023 seeking compensation towards the land which has been utilized in the construction of Kalma Bairaj. The said writ petition was disposed off with a direction to decide the representation of the petitioner dated 22.06.2023 by order dated 03.08.2023. After disposal of the said writ petition, the respondent has started proceeding under आपसी सहमति से भूमिम ्ቅय नीति 2016 by issuance of a public notice dated 13.06.2024 to purchase the land of the petitioner by mutual consent. The petitioner submitted a objection to the said purchase under mutual consent scheme vide (Annexure P/2) on 02.07.2024, however the respondents are not taking any decision in the in the said objection raised by the petitioner, as the petitioner is not ready and willing to the consent notice issued on 13.06.2024. 2. Learned counsel for the petitioner would submit that the petitioner is not willing to give consent to the purchase offer given by the 3 respondent under the mutual consent scheme 2016, as the land in question has already been utilized as sub-merged since the year 2011. Learned counsel for the petitioner submits that under this scheme the petitioner will be deprived from the interest on the acquired compensation as per Section 18 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act, 2013’), hence he is not at all interested to give the land in question under the Scheme 2016. 3. Learned counsel for the respondent submits that, as the petitioner has objected and refuse to give consent under the Scheme 2016 vide (Annexure P/2) dated 02.07.2024, the same will be considered by the competent authority i.e. the Collector/ respondent no. 2 within a period of 30 days and the same shall be decided and proper steps shall be taken for acquisition of the land in question in accordance with law. 4. I have heard learned counsels for the parties and perused the objection raised by the petitioner to the public notification dated 13.06.2024. 5. It appears from the fact raised by the petitioner that the public notice was issued on 13.06.2024 to purchase the land in question which is owned by the petitioner as the said land has been sub-merged in the water reservoir in the year 2011. The petitioner by apprehending that he will be deprived to get interest under the delay payment of compensation as provided under the Act, 2013, he objected the same and refuse to sale the land in question under the Scheme 4 2016. Hence, as the petitioner already submitted a refusal letter to the Collector, the Collector shall decide the same within a period of 30 days and it is directed that the Collector shall take appropriate steps within a period of 30 days for acquisition of the land in question in accordance with law. 6. With the aforesaid direction, the writ petition is disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib