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2026 DAILYLAW 17261 (CHH)

MOHAMMED MUSTAKEEM v. THE CHAIRMAN -CUM-MANAGING DIRECTOR

WPC/735/2026 · 2026-02-18

Shri Naresh Kumar Chandravanshi

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:8861 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 735 of 2026 Mohammed Mustakeem S/o Kalim Siddiqui Aged About 50 Years R/o Village Kumhararas, Tahsil And District Dantewada C.G. ... Petitioner versus 1 - The Chairman -Cum-Managing Director National Mineral Development Corporation Limited, Khanij Bhavan, Castle Hills, Masab Tank, Hyderabad. 2 - The General Manager, National Mineral Development Corporation Limited, Slurry Pipe Line Project, Bailadila Bhawan, Geedam Road, Jagdalpur, District Bastar C.G. 3 - The Collector, South Bastar, Dantewada, District Dantewada C.G. 4 - The Competent Authority/ Deputy Collector (Land Acquisition), South Bastar, Dantewada, District Dantewada C.G. ... Respondent(s) {Cause title, as taken from CIS} For Petitioner : Mr. Raj Kumar Gupta, Advocate. For Respondents No. 1 & 2 For Respondents No. 3 & 4 : : Mr. Mahendra Dubey, Advocate. Mr. Shobhit Mishra, Dy. Govt. Adv. { Hon’ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 19/02/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :- 2 “(I) To kindly issue an appropriate writ, order or direction commanding the respondent authorities to undertake a fresh, lawful and comprehensive assessment of compensation payable to the petitioner in respect of land bearing Khasra No. 401, Village Kumhararas, Tahsil and District Dantewada, strictly in accordance with the provisions of Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 and the Rules of 1963, (ii) To kindly issue an appropriate writ, order or direction directing the respondents to assess and pay due compensation for loss of livelihood, including loss of fishing activities, recurring annual income, and means of sustenance sufferred by petitioner and his family as a consequence fo statutory restrictions imposed under Section 9 of the Act of 1962. (iii) To kindly issue an appropriate writ, order or direction directing the respondents to reconsider and rationalize the width of the slurry pipeline corridor, and to ensure partiy with simillarly situated landowners by restricting the corridor width to 15 meters, or alternatively, to grant proportionate enhanced compensation for acquisition of a wider corridor. (iv) To kindly direct the respondent authorities to conduct a fresh inspection of the petitioner’s land through the Assistant Director, Fisheries and the Tahsildar, as already directed vide communication dated 19.01.2026, and thereafter pass a reasoned and speaking order determining just and lawful compensation within a stipulated time frame. (v) To kindly pass any other order that this Hon’ble Court may deem fit and just in the facts and circumstances of the case including the awarding of costs to the petitioner. 2. Learned counsel appearing for the petitioner is recorded owner and possession holder of land bearing Khasra No. 401, area 0.5960 hectare situated at village Kumhararas, Tahsil & District Dantewada. He further submits that “right of 3 user” in aforesaid land of the petitioner have been obtained by respondents No. 1 & 2 /NMDC under the provisions of Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 for installation for slurry pipeline. He further submits that aforesaid land is used as a “pond” for the purpose of fisheries, but compensation assessed / calculated by prescribed authority / Respondent No. 4 is not adequate, as cost of construction of ‘Pond’ and annual fish seed production, etc. has not been calculated. He further submits that for the said purpose, respondent No. 4 has sought report from Deputy Director, Fisheries, South Bastar, Dantewada vide Annexure P-12 dated 19.01.2026, despite the same has not been filed by Assistant Director, Fisheries, South Bastar, Dantewada. It is submitted that the petitioner has filed representation (Annexure P-10) dated 22.12.2025 before respondents No. 4 for redressal of his grievance, despite that the same has not been redressed. Hence, he prays that, at this stage, this petition may be disposed of directing respondent No. 4 to decide his representation (Annexure P-10) dated 22.12.2025 expeditiously, within a specific time frame. 3. Learned counsel for the respondents have no objection to allow the limited prayer made by counsel for the petitioner. 4. Having considering the limited prayer of the petitioner, this petition stands disposed of directing respondent No. 4 to decide representation (Annexure P-10) dated 22.12.2025 after obtaining report from the Assistant Director, Fisheries, South Bastar, Dantewada expeditiously preferably within a period of 60 days from the date of receipt / submission of copy of this order along with representation (Annexure P- 10) dated 22.12.2025. 5. With the aforesaid observations & directions, the writ petition stands disposed of. 6. Pending interlocutory application (s), if any, stand (s) disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.02.23 11:21:51 +0530 4