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2025:CGHC:50139
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5462 of 2024 Kailash Singh Paikra S/o Shri Kalam Singh Paikara Aged About 36 Years R/o Village Birgahani Bichpara Tahsil Kota P.S. Ratanpur District - Bilaspur (C.G.)
... Petitioner versus 1 – State of Chhattisgarh Through Secretary Water Resources Department Mahanadi Bhawan Mantralaya Capital Complex New Raipur District - Raipur (C.G.) 2 - The Collector Bilaspur District - Bilaspur (C.G.) 3 - Sub Divisional Officer (Revenue) Kota District - Bilaspur (C.G.) 4 - Executive Engineer Water Resources Division Kota District - Bilaspur (C.G.) 5 - The Tahsildar Ratanpur Tahsil Ratanpur District - Bilaspur (C.G.)
... Respondents For Petitioner : Mr. Dheerendra Pandey, Advocate For State : Mr. Rishabh Bisen, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 08/10/2025
1. By way of the instant petition, the petitioner has prayed for the following reliefs:- i) That, the Hon’ble court may kindly be pleased ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.10.10 11:26:31 +0530
2 / 3 to call for the entire records of the case. ii) That, the Hon’ble court may kindly be pleased to issue a suitable writ for directing the respondents to immediately release the compassion amount and other benefit order with interest within specific time. As per scheduled issued by respondent authority. iii) Cost of the petition may also be granted to the petitioner. iv) That, any other relief, which the petitioner is entitled and this Hon’ble court deems it fit may kindly, be granted to the petitioner.
2. The grievance of the petitioner is that in the year 2016-17, the entire land of the petitioner i.e. measuring 2.00 Acre, 0.809 hectare was acquired for Submerged area under Bansajhal Diversion Scheme and while such Submerged area under Bansajhal Diversion Scheme was made no compensation was paid to the petitioner. The petitioner got his land demarcated and the demarcation report dated 06.02.2019 would show that the land of the petitioner was covered in entirely for Submerged area under Bansajhal Diversion Scheme.
3.
Learned counsel for the petitioner would submit that compensation having not been paid till date, therefore, respondent No. 2 may be
directed to follow the acquisition in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the interest may be also awarded on the delayed compensation.
4. Learned State counsel submits that they have no objection in deciding the claim of the petitioner.
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5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection.
6. Perusal of the documents i.e. Annexure R/1 dated 02/01/2025 would show that a letter was written by the Executive Engineer ,Water Resources Division Kota, District Bilapur, C.G. to the Collector, Land Acquisition Branch, Bilspur, C.G. whereby the land acquisition case has been prepared and was sent for the further proceedings to the Collector.
7. Considering the entire facts & circumstances of the case, particularly the fact that the land of the petitioner was acquired in the year 2016- 17 and in the year 2018 the representation was also made vide Annexure P/2, therefore, considering the same and the time period elapsed till date and also considering the document Annexure R/1 dated 02/01/2025, it is directed that the respondent authorities shall prepare a land acquisition case and thereafter shall decide the same. The entire exercise shall be completed within a period of six months from the date of order passed by this Court.
8. With the aforesaid observation, the instant writ petition stands
disposed of. SD/- SD/- (Arvind Kumar Verma)
JUDGE ashu