1 2025:CGHC:52109-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 748 of 2025 1 - Suresh Das S/o Late Shri Baigadas Aged About 61 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.1 In Writ Petition) 2 - Shoukat Ali S/o Late Shri Abbas Ali Aged About 58 Years R/ Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.2 In Writ Petition ) 3 - Kunti Bai D/o Late Shri Sukhram Aged About 46 Years R/ Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.4 In Writ Petition ) 4 - Ajeet Kumar Tirkey S/o Late Shri Golaram Tirkey Aged About 42 Years R/ Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.6 In Writ Petition ) 5 - Santra Bai W/o Shri Baburam Singh Aged About 58 Years R/ Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.7 In Writ Petition ) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.10.27 17:18:17 +0530 2 6 - David Lakra S/o Flasidius Lakra Aged About 43 Years R/ Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.8 In Writ Petition ) 7 - Milan Ram S/o Late Shri Hukum Saay Aged About 52 Years R/ Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.9 In Writ Petition ) 8 - Ram Charitra (Died) Through Lrs Shatrughan S/o Late Ram Charitra Aged About 35 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No10 In Writ Petition) 9 - Rangilal Markam S/o Late Shri Lal Deo Aged About 52 Years R/o Gram Tara Charpara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.11 In Writ Petition) 10 - Satyabir Kumar Garg S/o Late Shri Abhayram Aged About 68 Years R/o Gram Tara Charpara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.12 In Writ Petition) 11 - Amol Das S/o Late Shri Bahal Das Aged About 42 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.13 In Writ Petition) 12 - Budhi Das S/o Late Shri Bahal Das Aged About 39 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur 3 (Chhattisgarh) (Petitioner No.14 In Writ Petition) 13 - Mahabal Ram S/o Late Shri Ramdas Aged About 63 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.19 In Writ Petition) 14 - Kiran Bala Gupta W/o Shri Omprakash Gupta Aged About 62 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.23 In Writ Petition) 15 - Ajay Kumar Gupta S/o Late Shri Baijnath Gupta Aged About 51 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.24 In Writ Petition) 16 - Shrikant Gupta S/o Shri Omprakash Gupta Aged About 41 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.25 In Writ Petition) 17 - Shasikant Gupta S/o Shri Omprakash Gupta Aged About 38 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.26 In Writ Petition) 18 - Achal Kumar Jaiswal S/o Late Shri Ganesh Jaiswal Aged About 51 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.27 In Writ Petition) 19 - Naveen Kumar S/o Shri Satbeer Agrawal Aged About 38 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- 4 Surajpur (Chhattisgarh) (Petitioner No.28 In Writ Petition) 20 - Smt. Kaushilya Devi W/o Shri Satbeer Agrawal Aged About 66 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.29 In Writ Petition) 21 - Satish Agrawal S/o Late Abhay Ram Aged About 61 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.30 In Writ Petition) 22 - Amit Kumar S/o Shri Satbeer Agrawal Aged About 66 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.31 In Writ Petition) 23 - Pushp Raj Shukla S/o Shri Surendra Shukla Aged About 31 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No.34 In Writ Petition) -- Appellants versus 1 - State Of Chhattisgarh Through The Secretary Department Of Industries Government Of Chhattisgarh Mantralaya, Naya Raipur P.S. Rakhi, C.G. Raipur District- Raipur (C.G.) 2 - Chhattisgarh Mineral Development Corporation Through- The Managing Director, Raipur, C.G. District- Raipur (C.G.) 5 3 - The Collector Surajpur (Formerly Surguja) Distt- Surajpur (Formerly Surguja) C.G. District- Surajpur (Ambikapur) (C.G.) 4 - The Land Acquisition OfÏcer Cum Sub- Divisional OfÏcer Surajpur C.G. Distt- Surajpur (C.G.) 5 - The Tahsildar Premnagar, District- Surajpur (C.G.) 6 - Ramprasad Maravi S/o Late Shri Beersay Aged About 53 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) Petitioner No.3 In Writ Petition) 7 - Sofia Tirkey W/o Late Shri Golaram Tirkey Aged About 66 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 5 In Writ Petition) 8 - Razaul Mustafa S/o Late Shri Sahadat Husain Aged About 36 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 15 In Writ Petition) 9 - Jakiya Begham W/o Late Shri Sahadat Husain Aged About 62 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 17 In Writ Petition) 10 - Sadan Bhagat S/o Shri Nanram Aged About 42 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 18 In Writ Petition) 6 11 - Bilaso Bai W/o Shri Dhaniram Aged About 68 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 20 In Writ Petition) 12 - Mahejavi S/o Shri Masulla Khan Aged About 51 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 21 In Writ Petition) 13 - Chamru S/o Shri Mahattam Aged About 86 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No,22 In Writ Petition) 14 - Achal Kumar Jaiswal S/o Late Shri Ganesh Jaiswal Aged About 51 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 27 In Writ Petition) 15 - Mahendra Kumar Mishra S/o Shri Radhika Prasad Mishra Aged About 51 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 32 In Writ Petition) 16 - Pradip Kumar Tiwari S/o Shri Lakshman Prasad Tiwari Aged About 36 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 33 In Writ Petition) 17 - Pyare Lal S/o Shri Gopal Prasad Aged About 44 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 35 In Writ Petition) 7 18 - Patago Bai W/o Shri Ram Nandan Ram Aged About 69 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur (Chhattisgarh) (Petitioner No, 36 In Writ Petition) --- Respondent(s) WA No. 758 of 2025 1 - Mohit Ram S/o Late Shri Son Saay Aged About 56 Years R/o Bazarpara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh (Petitioner No. 3 In Writ Petition) 2 - Devnath Singh S/o Shri Kawal Saay Aged About 62 Years R/o Manjhapara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh (Petitioner No. 4 In Writ Petition) 3 - Shri Flasidius Lakra S/o Late Shri Suleman Lakra Aged About 67 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh (Petitioner No. 5 In Writ Petition) 4 - Shivmangal S/o Late Shri Kawal Saay Aged About 66 Years R/o Manjhapara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, Chhattisgarh (Petitioner No. 8 In Writ Petition) 5 - Aagar Das (Died) Thorugh Lrs Urmila Das D/o Late Shri Agar Das, Aged About 55 Years, R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 9 In Writ Petition) 8 6 - Karo Bai S/o Narendra Aged About 46 Years R/o Khalpara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 11 In Writ Petition) 7 - Manoj S/o Narayan Aged About 36 Years R/o Manjha Para, 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, 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 OfÏcer-Cum-Sub-Divisional OfÏcer Surajpur, Distt. Surajpur (C.G.) 5 - The Tahsildar Premnagar, District Surajpur (C.G.) 6 - Pawan Kumar S/o Late Shri Bahadur Aged About 48 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District- Surajpur, 9 Chhattisgarh (Petitioner No.1 In Writ Petition) (Paras Ram (Died)) (Petitioner No. 2 In Writ Petition) 7 - Somaro Bai W/o Late Shri Dilbandhu Aged About 61 Years R/o Bazarpara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 6 In Writ Petition) 8 - Budhuram S/o Shri Somar Saay Aged About 62 Years R/o Brahman Para, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 7 In Writ Petition) 9 - Mausami Vishwas W/o Late Shri Alok Kumar Aged About 41 Years R/o Sadakpara, Tahsil Premnagar, Thana Premnagar, District Surajpur (Chhattisgarh) (Petitioner No. 10 In Writ Petition) --- Respondent(s) WA No. 757 of 2025 1 - Sant Vilas Yadav S/o Late Shri Sukhram, Aged About 66 Years R/o Khal Para, Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.).........(Petitioner No. 1 In Writ Petition) 2 - Anil Kumar S/o. Shri Roop Saay, Aged About 29 Years R/o Manjha Para, Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.).........(Petitioner No. 2 In Writ Petition) 10 3 - Patar Saay S/o Late Shri Loor Saay, Aged About 66 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.).........(Petitioner No. 5 In Writ Petition) 4 - Sakir Ali, S/o Shoukat Ali, Aged About 36 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.)......... (Petitioner No. 6 In Writ Petition) 5 - Vijay Porte, S/o Ujeet Ram, Aged About 36 Years R/o Bank Para, Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.)......... (Petitioner No. 7 In Writ Petition) 6 - Vasuk Ali, S/o Ali Ullah, Aged About 39 Years R/o Bazarpara, Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.)......... (Petitioner No. 8 In Writ Petition) 7 - Mohd. Shakeel Siddiqui S/o Late Sheikh Usi Ahmad, Aged About 41 Years R/o Gram Tara, Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.).........(Petitioner No. 9 In Writ Petition) 8 - Bhajan Ram, S/o Shri Prahlad, Aged About 46 Years R/o Vadkadad, Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.).........(Petitioner No. 10 In Writ Petition) 9 - Chamru S/o Shri Somar Saay, Aged About 66 Years R/o Gram Tara, Charpara, Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.).........(Petitioner No. 11 In Writ Petition) 11 10 - Thakur (Died) Through Lrs- (A) Sukhdev S/o Late Shri Thakur, Aged About 40 Years R/o Gram Tara Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.).........(Petitioner No. 12 In Writ Petition) ---Appellants Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Indistries, 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) District Surguja (Ambikapur) (C.G.) 4 - The Land Acquisition OfÏcer- Cum- Sub- Divisional OfÏcer, Surajpur, Distt. Surajpur (C.G.) 5 - The Tahsildar, Premnagar, Distt. Surajpur (C.G.) 6 - Sankar Rai, S/o Shri Gaur Rai, Aged About 58 Years R/o Lalipara, Tahsil Premnagar, Thana Premnagar, District Surajpur (C.G.)......... (Petitioner No. 3 In Writ Petition) 7 - Sakal Saay, (Died) (Petitioner No. 4 In Writ Petition) 12 --- Respondent(s) (Cause title taken from CIS) For Appellants : Mr. Ravindra Sharma, Advocate For Respondents/State : Mr. Sangharsh Pandey, Govt. Advocate For Respondent No.2/ CMDC Mr. R.S. Patel, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief justice 27.10.2025 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. Sangharsh Pandey, Govt. Advocate , appearing for the State/respondent Nos. 1 & 3 to 5 and Mr. R.S. Patel, learned counsel, appearing for respondent No.2/CMDC. 3. Heard on I.A. No. 01/2025 in W.A. No. 758/2025 and I.A. Nos. 02/2025 in W.A. No. 757/2025 and W.A. No. 748/2025, applications for condonation of delay in the filing the appeals. 13 4. On due consideration and for the reasons mentioned in the applications. The same are allowed. Delay in filing the appeals are hereby condoned. 5. 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 2019 (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. 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 14 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 OfÏcer 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 OfÏcer. 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 dated 25.8.2014 in W.P.(Crl) No. 120 of 2012 and other connected matters. 7. 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 15 Government vide notification dated 19.3.2010, the Land Acquisition OfÏcer 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 31.3.2011, including those relating to CMDC and the Tara Coal Block. Respondent No. 4 16 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. 8. 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 17 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 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 OfÏcer 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. 9. 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. 10. It has been argued by learned counsel for the appellants with respect to payment of interest in relation to the 18 compensation which was given to them in pursuance of the award dated 12.08.2011 and he accepts that the compensation has already been paid to the appellants, which they had already received. 11. 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 OfÏcer immediately thereafter, and the petitioners accepted it in the month of September, 2014. Moreover, the petitioners have not challenged the award dated 12.08.2011 in the said batch of writ petitions, which were filed in the year 2019. 12. 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. 13. Considering the aforesaid facts and circumstances of the case, we are not inclined to interfere in the matter. 19 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 Shoaib