Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:24970 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4081 of 2022 Bhojmati S/o Phul Singh Aged About 44 Years R/o Village Bilaigarh, Tahsil Dabhara, District : Sakti, Chhattisgarh
--- Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh 2 - Collector Sakti, District : Sakti, Chhattisgarh 3 - Sub-Divisional Officer (Revenue) Dabhara, District : Sakti, Chhattisgarh 4 - Executive Engineer (W.R.D) Kalma Barrage, Raigarh Division, Raigarh, Chhattisgarh.
--- Respondents WPC No. 4108 of 2022 Shushila D/o Puniram, Aged About 42 Years R/o Village Bilaigarh Tahsil - Dabhara, District : Sakti, Chhattisgarh
---Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh 2 - Collector Sakti, District Sakti, Chhattisgarh YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.06.19 17:56:28 +0530
2 3 - Sub-Divisional Officer (Revenue) Dabhara, District : Sakti, Chhattisgarh 4 - Executive Engineer (W.R.D) Kalma Barrage, Raigarh Division, Raigarh, Chhattisgarh
... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Itu Bhattacharya, Advocate on behalf of Mr. Kamal Kishore Pandey, Advocate For State/Respondents : Mr. Shobhit Mishra, Dy. Govt. Advocate Hon'ble Shri
Amitendra Kishore Prasad, Judge
Order on Board 19.06.2026
1. Since common questions of fact and law are involved in these petitions, they are being heard analogously and are disposed of by this common order.
2. The petitioners have preferred the present writ petitions seeking a direction to the respondents to consider and decide their representations within a stipulated time frame and to extend the benefit of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
3. The case of the petitioners, in brief, is that the petitioner in WPC No.4081/2022 is the owner of land bearing Khasra Nos.131/5, 132/5, 133/5 and 136/5 admeasuring 0.082 hectare, whereas the petitioner in WPC No.4108/2022 is the owner of land bearing Khasra Nos.131/11, 132/11, 133/11 and 134/11 admeasuring
3 0.078 hectare, situated at Village Bilaigarh, Tahsil Dabhara, District Sakti. The aforesaid lands were acquired vide Award dated 28.01.2021 passed in Land Acquisition Case No.01/A- 82/2017-18 by the Land Acquisition Officer, Dabhara. Copies of the award and compensation chart have been annexed as Annexure P/1 in the respective petitions. It is further stated that private industries have been consuming water since 01.04.2016 and information obtained under the Right to Information Act in this regard has been annexed as Annexure P/2. The petitioners submit that despite several representations, the benefit of Section 80 of the Act of 2013 has not been extended to them. Copies of the last representations have been annexed as Annexure P/3. Hence, the present petitions have been filed seeking a direction to the respondents to decide their representations within a time- bound period.
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Learned counsel for the petitioners submits that in view of the acquisition of the lands and in light of the provisions contained in Section 80 of the Act of 2013, the petitioners are entitled to interest from the date from which the acquired land has been utilized till payment/disbursal of compensation. It is further submitted that despite several representations, the competent authority has failed to take any decision thereon. Reliance has also been placed upon the judgment of the Hon’ble Supreme Court in Gayabai Digambar Puri (Died) Thr. LRs v. The Executive Engineer & Ors., decided on 03.01.2022.
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5. Learned State counsel submits that the claims of the petitioners shall be considered in accordance with law, if representations are made and are pending before the competent authority.
6. Considering the entire facts and circumstances of the case and the judgment of the Hon’ble Supreme Court referred to above, without expressing any opinion on the merits of the claims, both the writ petitions are disposed of with a direction that in the event the petitioners move fresh representations before respondent Nos.2 and 3 claiming benefits under Section 80 of the Act of 2013, within a period of four weeks from today, the said respondents shall consider and decide the same in accordance with law and applicable rules, by a reasoned and speaking order, at the earliest, preferably within a period of four months thereafter.
7. It is made clear that this Court has not adjudicated upon the entitlement of the petitioners on merits and all questions are left open to be considered by the competent authority.
8. No order as to costs.
Sd/- Sd/-
(Amitendra Kishore Prasad)
Judge Yogesh