Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27087 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5586 of 2022 1 - Jairam Sahu S/o Dhanaram Sahu Aged About 45 Years R/o Village- Parasbod, Tahsil Khairagarh, (Then District- Rajnandgaon Now District - Khairagarh-Chuikhadan-Gandai, District : Khairagarh-Chhuikhadan- Gandai, Chhattisgarh 2 - Adhan Bai W/o Santram Sahu Aged About 53 Years R/o Village- Parasbod, Tahsil Khairagarh, District - Rajnandgaon Now District- Khairaghar-Chuikhadan-Gandai Chhattisgarh 3 - Bhupendra Sahu Byasnarayan Sahu Aged About 19 Years R/o Village- Parasbod, Tahsil Khairagarh, District - Rajnandgaon Now District- Khairaghar-Chuikhadan-Gandai Chhattisgarh 4 - Latmar Yadav S/o Khuman Yadav Aged About 40 Years R/o Village- Parasbod, Tahsil Khairagarh, District - Rajnandgaon Now District- Khairaghar-Chuikhadan-Gandai Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Naya Raipur 2 - Collector District Khairagarh, District : Khairagarh-Chhuikhadan- Gandai, Chhattisgarh 3 - Sub-Divisional Officer(Revenue)cum-Land Acqusision Officer District- Khairagarh, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh 4 - Tahsildar Khairagarh, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh 5 - Executive Engineer Water Resources Department, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh.
--- Respondent(s) For Petitioner : Ms. Diksha Gauraha, Advocate. For Respondent/State : Mr. Praveen Das, Dy. AG.
2 Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 23/06/2025
1. By the present writ petition, the petitioners are seeking direction to the respondent-authorities concerned for payment of compensation towards the land owned by petitioner no.1 bearing Khasra No. 43, 224/3, 61/2 and rakba admeasuring to 1.02, 1.90 and 0.49 respectively; petitioner no. 2 bearing Khasra No.214/1 and Rakba admeasuring to 1.00 acres; petitioner no.3 bearing Khasra No. 34, 60, 212/1 and rakba 0.89, 0.78, 0.32 total admeasuring to 1.99 acres; petitioner no. 4 bearing Khasra number 273/1, 273/3 and 1.73 and 1.72 total admeasuring to 3.45 acres, which was acquired for the purpose of construction of Uraidabari Jalashay. 2. 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. 3. 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
3 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 Land Acquisition, Rehabilitation and Resettlement Act, 2013 and payment of compensation will be done in accordance with law. 4. Heard learned counsel for the parties and perused the documents annexed with the writ petition along with the letter dated 05.08.1991. 5. 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. 6.
Considering the facts and circumstances of the case, respondent No.3 i.e. Sub Divisional Officer (Revenue) is directed to inspect the land of the petitioners, in presence of petitioners within 45 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.
7. With the aforesaid observation, the petition stands disposed of. CC as per rules.
Sd/- (Arvind Kumar Verma)
Judge J/-