1 2026:CGHC:8056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 643 of 2026 1 - Sushila Devi Jain W/o Late Gautam Chand Jain Aged About 72 Years R/o Basti Marg, Khairagarh Tehsil And District- Khairagarh Chhuikhadan-Gandai (C.G.) 2 - Preeti Jain W/o Nilesh Jain Aged About 45 Years R/o Basti Marg, Khairagarh Tehsil And District- Khairagarh Chhuikhadan-Gandai (C.G.) 3 - Nilesh Jain S/o Late Gautam Chand Jain Aged About 55 Years R/o Basti Marg, Khairagarh Tehsil And District- Khairagarh Chhuikhadan-Gandai (C.G.) 4 - Dasru S/o Late Bhagela Aged About 50 Years R/o Ward No.5, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) 5 - Kachru S/o Late Bhagela Aged About 45 Years R/o Ward No.5, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) 6 - Govind S/o Late Bhagela Aged About 42 Years R/o Ward No.5, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) 7 - Madan Nishad S/o Late Jageshar Aged About 52 Years R/o Ward No-1, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) 8 - Ratan Nishad S/o Late Jageshar Aged About 48 Years R/o Ward No-1, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) 9 - Chetan Nishad S/o Late Jageshar Aged About 44 Years R/o Ward No-1, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) 10 - Bachan Nishad S/o Late Jageshar Aged About 47 Years R/o Ward No-1, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) 11 - Ratnesh Nishad S/o Late Ram Prasad Aged About 42 Years R/o Ward No-1, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) 12 - Dhariman Nishad D/o Late Ramprasad Aged About 40 Years R/o Ward No-1, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) 13 - Nirmala Nishad D/o Late Ramprasad Aged About 43 Years R/o Ward No-1, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) 14 - Chandar Bai W/o Late Ramprasad Aged About 55 Years R/o Ward No-1, Khairagarh Tehsil And District- Khairagarh Chhuikhadan - Gandai (C.G.) BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.02.13 17:52:51 +0530 2 15 - Shri Rukkhadh Swami Mandir A Public Trust Duly Registered As Per The Provision Of Chhattisgarh Public Trust Act Through Its President Ram Kumar Singh S/o Devcharan Singh Aged About 63 Years R/o Ward No.4, Khairagarh Tehsil And District- Khairagarh Chhuikhadan Gandai (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through- The Secretary Department Of Urban Administration And Development Mahanadi Bhawan Atal Nagar District- Raipur (C.G.) 2 - Collector Land Acquisition Branch Khairagarh Chhuikhadan-Gandai District- Khairagarh-Chhuikhadan-Gandai (C.G.) 3 - Sub Divisional Officer (Revenue) Khairagarh District- Khairagarh-Chhuikhadan- Gandai (C.G.) 4 - Chief Municipality Officer Nagar Palika Parishad Khairagarh District- Khairagarh- Chhuikhadan-Gandai C.G. Address - Sh-5, Main Road Khairagarh District- Khairagarh-Chhuikhadan -Gandai (C.G.) ... Respondents For Petitioners : Mr. Shobhit Koshta, Advocate For Respondents 1 to 3/State : Ms. Poorva Tiwari, Panel Lawyer For Respondent No.4 : Mr. Khilendra Sahu, Adv. on behalf of Mr. SS Baghel, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 13.02.2026 1. This petition under Article 226 of the Constitution of India has been preferred by the petitioners seeking following relief(s):- 10.1) This Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondent authorities to decide the petitioner representation within such time limit as the Hon'ble Court may deem fit in light of facts and circumstances of the case. 10.2) This Hon'ble Court may kindly be pleased to issue a writ, order or direction of mandamus directing the respondent authorities to conclude the acquisition proceedings initiated by the respondent authorities within such time limit as the Hon'ble 3 Court may deem fit in light of facts and circumstances of the case. 10.3) This Hon'ble Court may kindly be pleased to call for the entire records of the instant case and of disputed land for kind perusal of this Hon'ble Court. 10.4) Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioners in the interest of justice. 2. Learned counsel for the petitioners submits that the petitioners are owners of their respective lands situated at Lalpur Anicut, Ward No.4, village Pipariya Nala, Khairagarh. Their lands have been utilized by the respondent authorities on account of increase of the height of the anicut for the purpose of Avardhan Jal Praday Yogna. Respective lands of the petitioners have been submerged in the water of the aforesaid anicut. Learned counsel further submits that various communications have been made by various authorities, in which they have proposed to grant compensation to the petitioners against their land submerged in the anicut. Despite that, no compensation has been paid to the petitioners, who are poor farmers. Therefore, it is submitted that this petition may be disposed of directing the respondent authorities to conclude the acquisition proceedings initiated by them within stipulated period. 3. Learned counsel appearing for respondent No.4 submits that proceedings for payment of compensation to the petitioners are under consideration and that they will be paid compensation at the earliest. 4. Learned counsel appearing on behalf of the State also supports the submission made by learned counsel for respondent No.4. 5. I have heard learned counsel for the parties and perused the material available on record. 6. As per the contention made by learned counsel for the petitioners and 4 the documents enclosed with the petition, respective lands of the petitioners have been utilized by the respondent authorities, as their lands have been submerged in the anicut on account of increase in the height of the anicut for the purpose of Avardhan Jal Praday Yogna. The petitioners are poor farmers and if their land has been utilised by the respondent authorities, then it is the duty of the respondent authorities/Government to provide compensation, as property right is a constitutional right, as has been envisaged under Article 300 A of the Constitution of India, therefore, no person can be deprived from his property without following due process of law. 7. In the instant case, various communications have been made by respondent authorities for grant of compensation to the petitioners, but compensation has not yet been paid to them. Therefore, this petition is disposed of directing the respondent authorities to take steps, as provided under the law, for acquisition of the land of the petitioners and thereafter to provide compensation for the lands, which have been utilized by them. It is further observed that such proceedings shall be concluded by the respondent authorities, particularly respondents No.2, 3 & 4, within a period of six months from the date of receipt/submission of a copy of this order. 8. With aforesaid observation and direction, this petition stands disposed of. 9. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini