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2025 DAILYLAW 51634 (CHH)

RAMNARAYAN v. AVINASH CHAMPAVAT

CONT/653/2021 · 2025-10-05

Smt Rajani Dubey

body2025

Judgment text

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1 2025:CGHC:49621 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No.653 of 2021 1 - Ramnarayan S/o Shatrughanlal Aged About 58 Years 2 - Chandan Singh S/o Ganeshram Aged About 63 Years Both R/o Village Kabaripali Tahsil Dabhra, District Janjgir-Champa, Chhattisgarh. Appellant (s) versus 1 - Avinash Champavat Secretary, Department Of Water Resources Mantralaya Mahanadi Bhawan Atal Nagar Raipur, Chhattisgarh. 2 - Arun Kumar Yadu, Executive Engineer WRD Champa, District Janjgir Champa, Chhattisgarh. 3 - Jitendra Kumar Shukla Collector Janjgir, District Janjgir Champa, Chhattisgarh. 4 - Ramprasad Achala, Sub Divisional Officer (Revenue) Dabhara, District Janjgir- Champa, Chhattisgarh. Respondent(s) For Petitioner (s) : Mr. T. K. Jha and Dr. Sudeep Agrawal, Advocates For Respondent(s) : Mr. Raghvendra Pradhan, Mr. Keshav Prasad Gupta and Mr. Siddhant Tiwari, Advocates Hon’ble Smt. Justice Rajani Dubey Order on Board 06/10/2025 Digitally signed by R NIRALA 2 1. The present petition has been filed by the petitioners for initiating contempt proceedings against the respondents for flouting the Court order dated 12.02.2021 passed in WPC No.710/2021, whereby this Court had directed the respondent authorities to consider and decide the petitioners’ representation seeking compensation in liue of merger of their land for construction of Ghatoi Dam in Tahsil Dabhra, District Janjgir-Champa (C.G.) within a period of 4 months therefrom, but the said representation was not considered and decided, as such the present contempt petition has been filed. 2. As per the direction of this Court, reply was filed by the by the respondents/contemnors and an affidavit of the Collector, Sakti was also filed stating therein that though as per Section 30 (3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short ‘the Act, 2013’), the petitioners are entitled for compensation, however as per Section 80 of the said Act, the petitioners are not eligible for grant of interest from the date of merger of their land. Thereafter a counter affidavit was filed by the petitioners stating therein that they are entitled for grant of compensation as per Section 80 of the Act, 2013 and relied upon the judgment passed by this Court dated 03.10.2024 passed in FAM Nos.1 & 2 of 2023 as well as the judgment passed by the Subordinate Court dated 08.07.2022 passed in FAM No.12/2009, whereby the claim of the petitioners therein was allowed and the respondents were 3 directed to pay the compensation amount after calculation within a period of 2 months therefrom. The judgment passed by this Court in FAM No.2/2023 was also challenged by the respondents before the Hon’ble Supreme Court, but the same has also been dismissed vide order dated 25.08.2025 passed in SLP (Civil) Diary No.19673/2025. 3. Thus, in view of the above, it is clear that the petitioners are entitled to get the amount of compensation in lieu of acquisition of their land by the State Government. 4. At this stage, learned counsel for the contemnors submit that the contemnors are ready to recalculate the amount of compensation to the petitioners as per their entitlement. 5. In view of the above, the contempt petition is disposed of directing the respondents/contemnors to recalculate the compensation amount payable to the petitioners as per Section 30 (3) and Section 80 of the Act, 2013 and pay the same to them within a period of 2 months from today. The amount, if any, paid to the petitioners shall be adjusted from the remaining amount. Sd/- Rajani Dubey Judge Nirala