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2025 DAILYLAW 57259 (CHH)

KUVARI LAL v. STATE OF CHHATTISGARH

WPC/6537/2025 · 2025-12-15

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:61151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6537 of 2025 1 - Kuvari Lal S/o Budhdu Uraon Aged About 65 Years R/o Village Barhaguda, Tehsil Chandrapur, District Sakti, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur, Chhattisgarh 2 - Secretary Department Of Water Resource, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur, Chhattisgarh 3 - Collector District - Sakti Chhattisgarh 4 - Sub Divisional Officer (R) Cum Land Acquisition Officer Dabhara, District - Sakti Chhattisgarh 5 - Chief Engineer W R D Bilaspur District Bilaspur Chhattisgarh 6 - Executive Engineer Raigarh Division Raigarh, District - Raigarh Chhattisgarh ... Respondents For Petitioner : Mr. Aamir Khan, Advocate For Respondents/State : Mr. Anurag Tripathi, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 16.12.2025 1. Petitioner has filed this writ petition seeking following reliefs:- 2 “10.1 That this Hon’ble Court may kindly be pleased to direct the respondents for conducting spot inspection and once it is found that the land of the petitioner is coming under submergence they may be directed to initiate acquisition proceeding and conclude the same within time frame. 10.2 That this Hon’ble Court may kindly be pleased to direct the respondent for also granting interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 from the date of dispossession. 10.3 That this Hon’ble Court may kindly be pleased to direct the respondent for also granting additional amount under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 from the date of dispossession. 10.4 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 2. Learned counsel for the petitioner submits that the land of petitioner is affected by the construction of Kalma Barrage by Respondents no. 2 and 5. He further submits that after construction of Kalma Barrage land of petitioner was submerged in water, however, petitioner was not granted any compensation. Petitioner has submitted a representation Annexure P/2 on 18.11.2024 which was also not considered and, therefore, direction be issued to respondents to take decision on pending representation at the earliest. 3. Learned counsel for State submits that in view of submission made by learned counsel for petitioner to take decision on pending representation, he is having no objection. 3 4. I have heard learned counsel for the respective parties and perused the documents enclosed along with this writ petition. 5. Taking into consideration the nature of grievances as raised in this writ petition and particularly the submission made by learned counsel for petitioner that land of petitioner has been submerged in Kalma Barrage, and, therefore, Respondent no. 5/Executive Engineer is directed to take decision on pending representation after getting demarcation of the land owned by petitioner and its report from the concerned Revenue Officer. Let this exercise to be completed within a further period of 04 months from the date of receipt of copy of this Order. 6. With the aforesaid direction, this writ petition is disposed of. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Dey Judge SHUBHAM DEY Digitally signed by SHUBHAM DEY