1 / 4 2025:CGHC:49390 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5140 of 2025 1 - Rajesh Kumar S/o Radheshyam Aged About 52 Years R/o Bilha Tahsil Bila District- Bilaspur (C.G.) 2 - Rakesh Kumar S/o Radheshyam Aged About 50 Years R/o Bilha Tahsil Bila District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary Water Resource Department Mahanadi Bhawan, Atal Nagar, Nava Raipur District- Raipur (C.G.) 2 - Sub Divisional Officer Water Resource Department Sub Division Takhatpur, District- Bilaspur (C.G.) 3 - Chief Executive Officer Water Resource Department Kota, District- Bilaspur (C.G.) 4 - Sub Divisional Officer (Revenue) Bilha And Land Acquisition Officer, Bilha, Bilaspur District- Bilaspur (C.G.) 5 - Naib Tahsildar Bilha Bilaspur District- Bilaspur (C.G.) ---- Respondents For Petitioners : Mr. Awadh Tripathi, Advocate For State : Ms. Upasana Mehta, Dy. GA 2 / 4 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 26/09/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 That the Hon'ble Court may kindly allow the petition and direct the respondents to compensate the petitioner for the land acquired along with interest in accordance with law, in the interest of justice. 10.2 That the Hon'ble Court may kindly be pleased to allow this petition and direct the respondent, in the interest of justice. 10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case and looking to the interest of petitioner.” 2. Learned counsel for the petitioner contended that the respondent Land Acquisition Officer in spite of the fact that before the award dated 29.01.2021 the land in question which has been situated in Khasra no. 367 and Khasra no. 383 which has been duly acquired by the respondent department and the same has been purchased by the petitioner by way of registered sale deed and much prior to the award the separate Rin Pustika has been issued after due partition but the Sub-Divisional Officer vide order dated 13.07.2020 reviewed the order 3 / 4 of partition dated 25.05.2019 an accordingly after the award dated 29.01.2021 the Learned Tahsildar Bilha District Bilaspur (C.G.) has set aside the order dated 25.05.2019 and directed to maintain the Joint holding property of the petitioner and accordingly instead of providing the compensation for land which has been acquired by the respondent according to the "Bajar Moolya Margdarshak Siddhant Varsh 2019- 2020 (Provisions related to Market Value Guidelines for the year 2019- 20) by the Central Evaluation Board Chhattisgarh Raipur in Rule 1 of the said Guidelines which define the provision for the calculation of market value of agricultural plots in Urban areas of Municipal Corporation and in the rule 8 it has been mentioned that "When more than one person, who are not members of same family, purchase agricultural land together and the share of each person is (up to 0.202 hectare in urban area of Municipal Corporation area, 0.150 hectare in urban area of Municipal Council area and 0.100 hectare in urban area of Nagar Panchayat area, then in such a situation the market value shall be calculated as per the provisions of clause (1), clause (2) and clause (5) respectively. For this purpose, parents, husband-wife, son-daughter, daughter-in-law, brother-sister, grandson-granddaughter, great- granddaughter shall be considered included under family members." and accordingly instead of providing compensation on the basis of per Acre the respondent ought to be provide the compensation according to square-feet because the order of Review has already been set aside by 4 / 4 the Learned Commissioner Bilaspur (C.G.) but till date the respondent - Sub-Divisional Officer has not provided the compensation to the petitioner according to the rule 8 of the Bajar Moolya Margdarshak Siddhant Varsh 2019-2020. 3. Learned State counsel would submit that respondent No.4 is ready to decide the application (Annexure P/7) made by the petitioner in accordance with law. 4. Heard learned counsel for the parties and perused the documents available on record. 5. Considering the entire facts and circumstances of the case and grievance raised by the counsel for the petitioner, instead of keeping this petition pending, this petition is disposed of directing to respondent No.4 to decide the application dated 31.01.2022 (Annexure P-7 Colly.) made by the petitioners expeditiously preferably within an outer limit of ‘120 days’ from the date of receipt of copy of this order, in accordance with rules, regulations and law. 6. With the aforesaid direction, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant