1 2025:CGHC:1389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 110 of 2025 1 Mukesh Chaudhari S/o Shri Maamchand Aged About 56 Years R/o A- 17, Celebrity Homes Behind Shyam Chamber Kabir Nagar Tatibandh District - Raipur (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary Water Resources Department Raipur Mahanadi Bhawan Nawa Raipur Atal Nagar District - Raipur (C.G.) 2 Sub Divisional Officer (R) Cum Acquisition Officer Aarang District Raipur (C.G.) 3 Eexecutive Engineer Jal Prabandh Sambhaag 01 District - Raipur (C.G.) 4 Sub Divisional Officer Jal Prabandh Up Sambhaag 04 District - Raipur (C.G.) 5 - Collector District - Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Shri Raja Sharma, Advocate For Respondent(s) / State : Shri Ritesh Giri, P.L. 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 09/01/2025 Heard. 1. By the present writ petition the petitioner who is owner of the land situated in Mauja Kalai PC. No. 26 Tehsil Aarang, District Raipur bearing Khasra No. 731 preferred the present writ petition seeking direction towards the respondents for compensation of the land owned by the petitioner which has been utilized for the construction of Masonry check dam by the Water Resource Department. 2. Learned counsel for the petitioner by referring the communication of the Revenue Inspector dated 27.05.2024 states that Revenue Inspector communicated the Tehsildar that the land bearing Khasra No. 731 owned by the petitioner is used in the construction/ widening of the masonry check dam. He further submits that in-spite of the said intimation the respondent authorities are not taking any decision about the compensation to be given to the petitioner. 3. Learned State counsel submits that if the land of the petitioner has been used for construction/ widening of the masonry check dam, the same fact will be verified and necessary steps shall be taken for payment of compensation towards the said land. 4. I have heard learned counsel for the parties and perused the pleadings and documents placed in the writ petition. 5. Perusal of the communication of Revenue Inspector to Tehsildar dated 27.05.2024 , shows that the Revenue Inspector had communicated to the Tehsildar that the land of the petitioner has been used for construction/ widening of masonry check dam on the Ghoomrabhata Canal. 3 6. It is the trite law that a person cannot be deprived of his own property without him being paid adequate compensation and the State cannot dispossess a citizen of his property except in accordance with the procedure established by law. 7. Considering the aforestated fact, the Collector, Raipur is hereby directed to make a demarcation over the land in question over a period of 30 days and take necessary steps for acquisition of the land of the petitioner, if it is found that the private land of the petitioner has been occupied for construction / widening of masonry check dam, the Collector shall also ensure payment of proper compensation to the petitioner, in accordance with law. 8. Accordingly, the petition is disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti