1 2025:CGHC:51284-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 741 of 2025 1 - Ram Singh S/o Shri Shobhit Ram Aged About 47 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh (Petitioner No. 2 In Writ Peitition) 2 - Santu Ram S/o Late Shri Manjhi Ram Aged About 58 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh (Petitioner No. 5 In Writ Peitition) 3 - Ramvilas Yadav S/o Late Shri Sukhram Yadav Aged About 63 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh (Petitioner No. 7 In Writ Peitition) 4 - Smt. Shyama Yadav W/o Shri Ramvilas Yadav Aged About 46 Years R/o Gram Tara, Tahsil Premnagar Thana Premnagar, District Surajpur Chhattisgarh (Petitioner No. 8 In Writ Peitition) 5 - Shivnandan S/o Shri Maniram Aged About 76 Years R/o Bazarpara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 12 In Writ Petition) --- Appellants versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Industries, Government Of Chhattisgarh, Mantralaya, Naya Raipur, P.S.- Rakhi, Raipur C.G., District Raipur (C.G.) 2 - Chhattisgarh Mineral Development Corporation Through The Managing Director, Raipur C.G. District Raipur (C.G.) 3 - The Collector Surajpur (Formerly Surguja) Distt. Surajpur (Formerly Surguja) C.G. District Surguja (Ambikapur) (C.G.) 4 - The Land Acquisition Officer-Cum-Sub-Divisional Officer Surajpur, Distt. Surajpur (C.G.) 5 - The Tahsildar Premnagar, District Surajpur (C.G.) 6 - Thakur Ram S/o Shri Bhanwar Saay Aged About 59 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh (Petitioner No. 1 In Writ Petition) ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 7 - Balak Ram S/o Late Sundar Aged About 48 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh (Petitioner No. 3 In Writ Petition) 8 - Prem Saay (Died) (Petitioner No. 4 In Writ Petition) 9 - Aagar Das S/o Late Shri Baiga Das Aged About 82 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh (Petitioner No. 6 In Writ Petition) 10 - Shyam Bai W/o Late Shri Sufal Ram Aged About 51 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh (Petitioner No. 9 In Writ Petition) 11 - Pratap Singh S/o Late Shri Kanteram Aged About 64 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh (Petitioner No. 10 In Writ Petition) 12 - Shanti Bai W/o Late Shri Balram Aged About 46 Years R/o Majhapara, Tahsil Premnagar, Thana Premnagar, District Surajpur Chhattisgarh (Petitioner No. 11 In Writ Petition) --- Respondents WA No. 744 of 2025 1 - Parvati Devi W/o Shri Jugeshwar Prasad Pandey Aged About 66 Years R/o Gram- Tara, Tahsil- Premnagar, Thana- Premnagar, District- Surajpur, Chhattisgarh. (Petitioner No. 1 In Writ Petition) 2 - Iswardas Ekka S/o Late Shri Elius Aged About 74 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. (Petitioner No. 2 In Writ Petition) 3 - Tushnibai W/o Jagatram Aged About 48 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. (Petitioner No. 5 In Writ Petition) 4 - Kodudas ( Died Through Lrs. Ambika Das S/o Late Shri Kodudas Aged About 56 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. (Petitioner No. 6 In Writ Petition) 5 - Vishram (Died ) Through Lrs Ghuran Saay S/o Late Shri Vishram Aged About 48 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. (Petitioner No. 8 In Writ Petition) 6 - Baijnath S/o Shri Sampat Aged About 68 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. ( Petitioner No. 9 In Writ Petition ) 7 - Jai Singh S/o Late Shri Rupan Saay Aged About 54 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. ( Petitioner No. 10 In Writ Petition ) 3 8 - Roop Singh Korram S/o Late Shri Vishambar Singh Aged About 42 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. ( Petitioner No. 13 In Writ Petition ) ---Appellants Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Industries, Government Of Chhattisgarh, Mantralaya, Naya Raipur, Police Station- Rakhi, Raipur, District- Raipur Chhattisgarh. 2 - Chhattisgarh Mineral Development Corporation Through The Managing Director, Raipur District- Raipur, Chhattisgarh. 3 - The Collector Through Surajpur (Formerly Surguja) District Surajpur (Formerly Surguja) Chhattisgarh., District - Surajpur, Chhattisgarh 4 - The Land Acquisition Officer Cum Sub Divisional Officer Through Surajpur, District- Surajpur Chhattisgarh. 5 - The Tahsildar Through Premnagar, District- Surajpur Chhattisgarh. 6 - Chandravatai D/o Late Shri Devcharan Aged About 67 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. (Petitioner No. 3 In Writ Petition) 7 - Sovanti W/o Krishnaram Toppo Aged About 41 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. (Petitioner No. 4 In Writ Petition) 8 - Gangaram S/o Shri Lebedram Aged About 48 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. (Petitioner No. 7 In Writ Petition) 9 - Tarshila Lakra W/o Plasidrius Lakra Aged About 68 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. (Petitioner No.11 In Writ Petition) 10 - Sohanram S/o Shri Maan Saay Aged About 69 Years R/o Gram Tara, Tehsil Premnagar, Thana Premnagar District- Surajpur Chhattisgarh. (Petitioner No. 12 In Writ Petition) --- Respondents WA No. 742 of 2025 1 - Chandrabhan Singh S/o Shri Atbal Singh Aged About 46 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 4 In Writ Petition) 2 - Nand Kishor Tiwari (Died) Through Lrs Umeshwas Kumar Tiwari S/o Late Shri Nand Kishore Tiwari Aged About 46 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 3 In Writ Petition) 4 3 - Jalraj S/o Shri Bihan Saay Aged About 71 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 5 In Writ Petition) 4 - Salik Ram (Died) Through Lrs Basant S/o Late Shri Salik Ram Aged About 35 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 6 In Writ Petition) 5 - Dhaneshwar Prasad S/o Shri Shiv Prasad Yadav Aged About 42 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 7 In Writ Petition) 6 - Ashok Kumar Tiwari S/o Late Shri Janardan Prasad Tiwari Aged About 56 Years R/o Brahman Para, Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 8 In Writ Petition) 7 - Smt Kiran Devi Tiwari W/o Sri Ashok Kumar Tiwari Aged About 56 Years R/o Tara (Brahmanpara), Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 9 In Writ Petition) 8 - Ramsingh (Died) Through Lrs Natthuram S/o Late Shri Ramsingh Aged About 30 Years R/o Manjhapara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 12 In Writ Petition) ---Appellants Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Industries, Government Of Chhattisgarh, Mantralaya, Naya Raipur, P.S.- Rakhi, Raipur, C.G., District Raipur (C.G.) 2 - Chhattisgarh Mineral Development Corporation Through The Managing Director, Raipur C.G. District Raipur (C.G.) 3 - The Collector Surajpur (Formerly Surguja) District Surajpur (Formerly Surguja) (C.G.) 4 - The Land Acquisition Officer-Cum-Sub-Divisional Officer Surajpur, District Surajpur (C.G.) 5 - The Tahsildar Premnagar, District Surajpur (C.G.) 6 - Ramji Porte S/o Late Shri Bodhan Aged About 46 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 1 In Writ Petition) 7 - Sukh Saay S/o Late Shri Ramcharan Aged About 34 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 2 In Writ Petition) 8 - Jay Karan S/o Shri Kashi Ram Aged About 51 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 10 In Writ Petition) 5 9 - Santram S/o Premsai Aged About 54 Years R/o Gram Tara, Tahsil Premnagar, Police Station Prem Nagar, District Surajpur (Chhattisgarh) (Petitioner No. 11 In Writ Petition) --- Respondents _________________________________________________________ For Appellants : Mr. Ravindra Sharma, Advocate For State-Respondents : Mr. Y.S.Thakur, Addl. Advocate General For Respondent No.2/ : Mr. R.S. Patel, Advocate CMDC Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, C.J. 15.10.2025 1. Since all these three appeals arise out of common order dated 01.08.2025 passed by the learned Single Judge in batch of writ petitions, they are clubbed and heard together and are being disposed of by this common order. 2. Heard Mr. Ravindra Sharma, learned counsel for the appellants. Also heard Mr. Y.S. Thakur, learned Additional Advocate General, appearing for the State/respondent Nos. 1 & 3 to 5 and Mr. R.S. Patel, learned counsel, appearing for respondent No.2/CMDC. 3. These three intra Court appeals have been filed against the impugned order dated 01.08.2025 passed by the learned Single Judge in WPC No.709 of 2018 (Sureshdas v. State of Chhattisgarh and Others) and batch of writ petitions, whereby the learned Single Judge has dismissed the said batch of writ petitions/ 6 4. The facts, in a nutshell, are that the Chhattisgarh Mineral Development Corporation Limited (CMDCL), Raipur, sent a proposal to the Collector, Surguja, for the acquisition of private lands under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act, 1894’), for the implementation and development of the Tara Coal Project. A direction was issued to initiate land acquisition proceedings for acquiring 225.24 hectares of land situated at Village Tara, Tehsil and District Surajpur. A notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 26.6.2009. On 7.7.2009, a public notice was issued inviting objections from the affected persons according to the provisions of Section 5A of the Act, 1894. On 12.8.2009, a notification under Section 6 of the Act, 1894, was issued and published in daily newspapers on 31.8.2009. On 19.3.2010, the State of Chhattisgarh issued a gazette notification regarding revising the compensation amount. Subsequently, a notification under Section 9(1) of the Act, 1894, was issued, and an award was passed by the Land Acquisition Officer on 12.8.2011. The award was approved by the Commissioner, Ambikapur, Sarguja, on 30.9.2011. The entire compensation amount was deposited by Adani Power Limited with the Land Acquisition Officer. The mutation proceedings were initiated in favour of CMDCL, and the petitioners were compelled to hand over the possession of their lands. Adani Power Limited was allotted a coal block; however, the Hon’ble Supreme Court quashed the allotment vide order 7 dated 25.8.2014 in W.P.(Crl) No. 120 of 2012 and other connected matters. 5. The petitioners filed aforementioned batch of writ petitions before this Court and pleaded that, as the coal block allotment has already been quashed, the land acquisition proceedings are vitiated. They have also stated that although the rate of compensation was revised by the State Government vide notification dated 19.3.2010, the Land Acquisition Officer did not take this notification into consideration. Furthermore, the appropriate amount of solatium was not paid to the land oustees. The petitioners made representations before the respondent authorities on 6.2.2012, 3.9.2012, 12.11.2012 & 24.5.2013 seeking payment of adequate compensation. When no action was taken by the respondents, some petitioners filed WP(C) No.1183 of 2013 and vide order dated 12.8.2013, the District Collector was directed to take necessary steps. Some petitioners also filed Contempt Petition No.34 of 2014, following which the compensation was paid. It is pleaded that the compensation was paid after a delay of 2 – 3 years from the date of the award without any interest. The petitioners have referred to Section 28 of the Act, 1894, which deals with the payment of interest. It was also pleaded that there was no urgency warranting the invocation of Section 5A of the Act, 1894. Additionally, it was pleaded that the Hon’ble Supreme Court, vide orders dated 25.8.2014 and 24.9.2014, cancelled the coal block allocations from 1993 to 8 31.3.2011, including those relating to CMDC and the Tara Coal Block. Respondent No. 4 vide order dated 9.1.2019, directed the Tehsildar, Premnagar, to initiate mutation proceedings pertaining to the acquired lands after a lapse of 8 years from the date of the award. It was also pleaded that this action violates Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short ‘the Act, 2013’). It was also pleaded that the respondents ought to have acquired the entire chunk of land at once, but the lands have been acquired in piecemeal without making payment of compensation. It was also pleaded that the compensation amount paid by Adani Power Limited to CMDCL has already been refunded to it after the cancellation of the coal block. In the alternative, the petitioners have sought direction to the respondents to calculate adequate and proper compensation and to make payment along with interest @15% per annum from the date of the award, i.e. 30.9.2011. 6. After hearing learned counsel for the parties and on the basis of materials available on record, the said batch of writ petitions were dismissed by the learned Single Judge vide impugned order dated 01.08.2025 observing that the compensation was paid to the petitioners, and it was accepted by them and the said fact has been pleaded by the petitioners in writ petitions; therefore, according to the provisions of Section 24(2) of the Act, 2013, the acquisition proceedings would not lapse. It has been further 9 observed that the award was passed in accordance with the provisions of the Act, 1894, and thereafter, compensation amounting to Rs.113,40,59,363/- was deposited with the Land Acquisition Officer through the Collector, Surajpur on 26.11.2013. Thus, the right accrued in favour of respondent No.2. Respondent No.2 approached the authorities for mutation and accordingly, a direction was issued in the month of January 2019 by respondent No. 2 to initiate mutation proceedings. Further, the petitioners could not prove that they are still in possession of the acquired property. 7. Being aggrieved by the said impugned order dated 01.08.2025 passed by the learned Single Judge, these batch of writ appeals have been filed by the appellants / writ petitioners. 8. It has been argued by learned counsel for the appellants with respect to payment of interest in relation to the compensation which was given to them in pursuance of the award dated 12.08.20211 and he accepts that the compensation has already been paid to the appellants, which they had already received. 9. From perusal of the impugned order, it transpires that the award was passed on 12.08.2011, and it has been accepted by the petitioners. The amount of compensation was deposited by respondent No.2 with the Land Acquisition Officer immediately thereafter, and the petitioners accepted it in the month of September, 2014. Moreover, the petitioners have not challenged 10 the award dated 12.08.2011 in the said batch of writ petitions, which were filed in the year 2019. 10. On a pointed query being made to learned counsel for the appellants with respect to the fact that as to why the appellants have not claimed any interest at the earlier point of time, he said that there were various litigations between the parties, on account of which, the matter lingered on and hence, they have come up before this Court. 11. Considering the aforesaid facts and circumstances of the case, we are not inclined to interfere in the matter. Accordingly, all these three writ appeals, being devoid of merit, are liable to be and are hereby dismissed. No cost(s). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra