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2025 DAILYLAW 48473 (CHH)

PREMLAL SARASWAT v. STATE OF CHHATTISGARH

WPC/6471/2025 · 2025-12-11

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:60492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6471 of 2025 1 - Premlal Saraswat S/o Nandkishore Saraswat Aged About 40 Years R/o- Village Nariyara, Tahsil- Malkharouda, District- Sakti (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Water Resources Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 3 - Collector Sakti, District Sakti (C.G.) 4 - Sub-Divisional Officer (R)/ Land Acquisition Officer Malkharoda, District Sakti (C.G.) 5 - Executive Engineer Hasdev Nahar Jal Prabandh Sambhag, Janjgir Water Resources Department, Janjgir, District Janjgir-Champa (C.G.) ... Respondents For Petitioner : Ms. Sangeeta Sahu, Advocate along with Ms. Padmini Kurrey, Advocate For Respondents No. 1 to 5/State : Mr. Akhilesh Kumar, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12 /12/2025 1. The petitioner has filed this writ petition seeking following reliefs:- 2 “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ/order/direction, directing the respondents to decide the pending representation dated 28.10.2025 (P-3) and pay the compensation under Land Acquisition Act, 2013 without delay to the petitioner for the land of petitioner which has been acquired for construction of Marghatti Sub- Distributory Canal. 10.2 That, if the Hon’ble Court may deem fit and proper may kindly be pleased to call for the entire records pertaining to the petitioner’s matter. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief (s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner is affected with the construction of the Kalma Barrage, however, land of the petitioner is not made subject matter of acquisition proceedings initiated by the Land Acquisition Officer and passing of award on 09.12.2002. Petitioner submitted a representation in this regard before the respondent authorities, however, no decision has been taken and therefore, direction be issued and the respondent authorities to take decision on the representation to get the spot inspection done and to compensate the petitioner suitably in accordance with the provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. On the other hand, learned counsel for the Respondents/State raised objection on the ground that the petitioner has straightaway come before this Court after filing representation before the authorities without getting the land demarcated. 4. I have heard learned counsel for the parties and also perused the documents placed on record. 5. Grievance of the petitioner is that the land of the petitioner is affected with the water at the Kalma Barrage which is constructed by the respondent authorities. In view of the submissions made by the counsel for parties 3 that his land is also submerged, facts and circumstances of the case, instead of keeping this writ petition pending considering the claim of the petitioner on merits, this Court finds it appropriate to dispose of this writ petition, directing the Respondents No. 3 to 5 to take decision on the pending representation submitted by the petitioner after getting spot inspection of the area of land of petitioner subject matter of writ petition. The decision be taken in accordance with law expeditiously, preferably within a period of 06 months from the date of receipt of the order. 6. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY