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2026 DAILYLAW 30211 (CHH)

SHRI KANHAIYALAL v. STATE OF CHHATTISGARH

WPC/2233/2023 · 2026-07-28

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010142952023 2026:CGHC:32647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2233 of 2023 1. Shri Kanhaiyalal S/o Dhannamal Aged About 72 Years R/o Torwa, Near Santoshi Mandir Torwa, Tahsil And District Bilaspur, Chhattisgarh. 2. Smt. Geeta Bhojwani Wd/o Late Bhagwandas Bhojwani Aged About 53 Years R/o Torwa, Near Santoshi Mandir Torwa, Tahsil And District Bilaspur, Chhattisgarh. 3. Rahul Bhojwani S/o Late Bhagwandas Bhojwani Aged About 31 Years R/o Torwa, Near Santoshi Mandir Torwa, Tahsil And District Bilaspur, Chhattisgarh. 4. Sameeksha Bhojwani D/o Late Bhagwandas Bhojwani Aged About 22 Years R/o Torwa, Near Santoshi Mandir Torwa, Tahsil And District Bilaspur, Chhattisgarh. 5. Smt. Neelam Bhojwani D/o Late Bhagwandas Bhojwani Aged About 35 Years R/o Satna, Tahsil And District Satna, Madhya Pradesh. ... Petitioners versus 1. State Of Chhattisgarh Through - Secretary, Water Resources Department Mantralaya, Naya Raipur, P. S. - Rakhi, District : Raipur, Chhattisgarh. 2. Executive Engineer Kharang Water Resources Division Bilaspur, District : Bilaspur, Chhattisgarh. 3. Collector Bilaspur Collector Office Bilaspur, District : Bilaspur, Chhattisgarh. 4. Sub Divisional Officer (R) Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. ... Respondents For Petitioner : Mr. Pravin Kumar Tulsyan, Advocate. For State/Respondents : Mr. Amit Nayak, P.L. Hon’ble Shri Justice Amitendra Kishore Prasad Order On Board 29/07/2026 1. Heard. DEEPTI JHA Digitally signed by DEEPTI JHA 2 2. This petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking following reliefs:- “A. The Hon’ble Court may kindly be pleased to call for the entire records from the Court below for its perusal. B. The Hon’ble Court may kindly be pleased to order the respondent authorities to provide the petitioners with compensation amount of the said land or to provide them alternate land of the same market value. C. The Hon’ble Court may kindly be pleased to grant any other relief, which deems fit and proper in the facts and circumstances of the case. D. Cost of the petition.” 3. The State of Chhattisgarh has filed return in this case, in which vide para 10, it has been stated as under:- “10. In view of the above submissions the instant petition as framed and filed by the petitioner has now become infructuous and thus the same deserves to be dismissed as in respect to the grievance of the petitioners the respondent No. 2/Executive Engineer, Kharang Water Resources Division, Bilaspur had submitted the supplementary proposal in respect to acquisition of the land of the petitioners which fall in the submerge area of the construction of Check Dam upon Arpa River before the Collector (Land Acquisition Branch) Bilaspur as per the provisions of the Apsi Sahamati Se Bhumi Kraya Niti, 2016 and after due assessment of compensation award will be passed and compensation will be disbursed to the petitioners accordingly.” 4. In view of the para 10 of the reply/return filed by the State/respondents, this petition is stands disposed of. However, concerned State/respondents are directed to pass an appropriate order either acquiring land of the petitioner and to grant compensation to the petitioners or to purchase the land of the petitioners under the “Apsi Sahamati Se Bhumi Kraya Niti, 2016” and to give sell consideration to the petitioners within a period of 90 days from the date of passing of this order. 3 5. With the aforesaid direction, this writ petition stands disposed of. 6. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha