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2026 DAILYLAW 10053 (CHH)

STATE OF CHHATTISGARH v. GANPAT SARUTA

MCC/435/2026 · 2026-05-03

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:20601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 435 of 2026 1 - State of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh 2 - Superintending Engineer Water Resources Division, Balrampur, District Balrampur Ramanujganj Chhattisgarh. 3 - The Executive Engineer Water Resources Division Ii, Ramanujganj, District Balrampur Ramanujganj, Chhattisgarh. 4 - The Collector District Balrampur Ramanujganj, Chhattisgarh. 5 - Sub Divisional Officer (Revenue) Ramanujganj, District Balrampur Ramanujganj, Chhattisgarh. 6 - The Tehsildar Ramchandrapur Tehsil, District Balrampur Ramanujganj Chhattisgarh. ... Applicants versus 1 - Ganpat Saruta S/o Shri Mahajan Saruta Aged About 40 Years (Owner Of Part Of Land Bearing Khasra No. 1187, 1233 Village Bhala) Scheduled Tribe And R/o Village Bhala, Tahsil Ramanujganj District Balrampur Ramanujganj Chhattisgarh. 2 - Ramsurat Porte S/o Ramcharan Aged About 33 Years (Owner Of Part Of Land Bearing Khasra No. 1186, Village Bhala), Scheduled Tribe And R/o Village Bhala, Tahsil Ramanujganj District Balrampur Ramanujganj Chhattisgarh. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.05.05 16:04:28 +0530 2 3 - Rambriksha Poya S/o Sohar Poya Aged About 50 Years (Owner Of Part Of Land Bearing Khasra No. 1169 Village Bhala), Scheduled Tribe And R/o Village Bhala, Tahsil Ramanujganj, District Balrampur Ramanujganj Chhattisgarh. 4 - Bali Ram Saruta S/o Tulsi Saruta Aged About 42 Years (Owner Of Part Of Land Bearing Khasra No. 1180/3, 1221/2, 1163/1 Village Bhala) Scheduled Tribe And R/o Village Bhala, Tahsil Ramanujganj District Balrampur Ramanujganj Chhattisgarh 5 - Ramdeen Saruta S/o Jageshar Saruta Aged About 36 Years (Owner Of Part Of Land Bearing Khasra No. 1230, 892, 863 Village Bhala), Scheduled Tribe And R/o Village Bhala, Tahsil Ramanujganj District Balrampur Ramanujganj Chhattisgarh. 6 - Dhaneshwar S/o Arjun Aged About 68 Years (Owner Of Part Of Land Bearing Khasra No. 1136, 1209 Village Bhala), Scheduled Tribe And R/o Village Bhala, Tahsil Ramanujganj District Balrampur Ramanujganj, Chhattisgarh. ... Respondents (Cause title taken from CIS) For Applicants : Shri Santosh Soni, G.A. For Respondents : Shri Sushobhit Singh, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 04/05/2026 1. The present MCC has been filed by the applicants/State for extension of time for compliance of the order of this Court dated 11/07/2025 passed in WPC No.240/2024, whereby this Court while disposing the said writ petition has directed the respondents/State to conclude the land acquisition proceedings within a period of six months from the date of receipt of copy of that order. 3 2. The respondents/writ petitioners have preferred the writ petition before this Court with the contention that their lands have been taken by the State for construction of “Girwani Vyapartan yozna, Mukhya Nahar Niman”, without following due process of law and without giving any compensation and they sought a direction from this Court towards the respondent State authorities to acquire the petitioners’ land by following the due process of law and thereafter pass an appropriate award in their favour. 3. Learned counsel for the applicants/State submits that the notification under Section 4 read with Rule 7 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act 2013’) has been issued on 02/07/2025 vide Annexure - A/3 and the land acquisition proceeding is going on. However, as per the period prescribed under the Act, 2013, since the date of notification under Section 4, the acquisition proceeding has to be concluded within a period of 2 years 8 months. Learned counsel further submits that after issuance of notification under Section 4 read with Rule 7, the land acquisition proceeding is going on, however, while disposing the writ petition, only six months time was provided to the State authorities to conclude the land acquisition proceeding. Thus, learned State counsel prays for 1 year 10 months further time to conclude the land acquisition proceedings, which were initiated on 02/07/2025. 4 4. Learned counsel for the respondents/writ petitioners submits that the maximum limit prescribed under the Act, 2013 constitutes the time frame for compliance with each and every procedure stipulated therein. Learned counsel further submits that the order under consideration in the present MCC, was passed by this Court on the basis of an affidavit filed by the State Government and was a bipartite order; therefore, no further time was granted to the State. 5. I have heard learned counsel for the parties, perused the pleadings and documents. 6. From perusal of order dated 11/07/2025 passed by this Court in WPC No.240/2024, it appears that the land acquisition proceeding was directed to be concluded within a period of six months. However, the Act, 2013 prescribed the time limit to conclude various parts of the land acquisition proceedings. 7. Since there is a specific time limit fixed in the Act itself and in the case at hand, the land acquisition proceedings have already been initiated, the time period of six months granted by this Court to conclude the land acquisition proceeding is extended to a further period of 1 year 10 months from the date of receipt of a copy of this order. 8. State is directed to conclude the land acquisition proceedings which were initiated pursuance to the notification under Section 4 read with Rule 7 of the Act, 2013 on 02/07/2025, within the stipulated time period as given supra. 5 9. Accordingly, the present MCC is allowed. SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep