1 / 3 2025:CGHC:7178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 821 of 2025 1 - Tamaram Umre S/o Jhumuk Lal Umare Aged About 73 Years R/o Village Ghotwani, Tahsil Dhamdha, District Durg (C.G.). ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 2 - Secretary, State Of Chhattisgarh, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 3 - Collector, Durg, District Durg (C.G.). 4 - Collector, District Chhuikhadan-Khairagarh-Gandai (C.G.). 5 - Sub Divisional Officer (Revenue), Dhamdha, District Durg (C.G.). 6 - Tahsildar, Dhamdha, District Durg (C.G.). 7 - Sub Divisional Officer, Water Resources Sub Division, Chhuikhadan, District Chhuikhadan-Khairagarh-Gandai (C.G.). 8 - Executive Engineer, Water Resources Division, Chhuikhadan, District Chhuikhadan-Khairagarh-Gandai (C.G.). ... Respondents (Cause title is taken from Case Information System) 2 / 3 For Petitioner : Mr. Praveen Dhurandhar, Advocate For Respondents/State : Mr. Ritesh Giri, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 10/02/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities for payment of compensation with respect to the land of the petitioner bearing Khasra Nos.165/5 and 165/2 situated at Village Ghotwani, Tahsil Dhamdha, District Durg, which has been acquired and used for construction of Canal namely; ‘Chingali Diversion Sinchai Nala’. The said land has been submerged in the water of canal and subsequently it has been renumbered as Khasra No.382 and recorded as Government land after the acquisition. 2. Learned counsel appearing for the petitioner submits that earlier the construction of canal was made on the land of the petitioner but the State has stopped the said project however the land is now belongs to the State Government. He further submits that though the petitioner has submitted representation dated 27/05/2022 (Annexure P/7) before respondent No.1 but no steps has been taken for payment of compensation towards the land of the petitioner till date. 3. Learned counsel appearing for the State by referring the Panchnama dated 06/03/2023 (Annexure P/6) of the Revenue Inspector, Pendravan submits that though the canal was constructed over the land bearing Khasra No.382 but the project was shifted to another area however the agriculturists including 3 / 3 the petitioner are having possession over the said land and as such the petitioner is not entitled for any compensation. 4. I have heard learned counsel for the parties, perused the documents and pleadings made by the petitioner. 5. From perusal of Panchnama dated 06/03/2023 (Annexure P/6), it appears that the land of the petitioner has been acquired and canal has been constructed by changing the Khasra No. of the land of the petitioner however due to shifting of the said canal project to another place, the petitioner is not being paid the compensation in spite of the fact that the land of the petitioner has been used for construction of canal. 6. As the land of the petitioner has already been used for construction of canal and the said Panchnama shows that the land of the petitioner has been submerged in the water of the canal, the respondent No.5/SDO (Revenue), Dhamdha is directed to verify and examine the claim raised by the petitioner by making a spot inspection of the land in question in presence of the petitioner and if it is found that the land of the petitioner has been used for construction of the canal, necessary steps be taken for payment of compensation towards the land of the petitioner within a period of 60 days from the date of production of copy of this order before the SDO by the petitioner, in accordance with law. 7. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar