1 CGHC010292852026 2026:CGHC:33267 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3962 of 2026 1 - Vijay Kumar S/o Kursolal Aged About 56 Years R/o Village Kabaripali, Tehsil - Dabhra, District Sakti Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur, Chhattisgarh 2 - Secretary Department Of Water Resource, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur, Chhattisgarh 3 - Collector District Sakti Chhattisgarh 4 - Sub Divisional Officer (R) Cum Land Acquisition Officer Dabhara, District Sakti Chhattisgarh 5 - Executive Engineer W R D Janjgir Division Head Office At Champa, District Janjgir Champa Chhattisgarh ... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. Pranjal Agrawal, Advocate For State : Mr. Shobhit Mishra, Dy. G.A. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 31.07.2026 1. By the present writ petition, the petitioner is seeking following reliefs:- “10.1 That this Hon'ble court may kindly be pleased to direct the respondents for conducting spot inspection and once it is found that the land of the petitioner is coming under submergence they may be directed to initiate acquisition proceeding and conclude the same within time frame. 10.2 That this Hon'ble court may kindly be pleased to direct the respondent for also granting interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 from the date of dispossession & U/S 30(3) OF act, 2013. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 2. Learned counsel appearing for the petitioner submits that the petitioner is recorded owner and occupant of land bearing Khasra No. 906/6 admeasuring area 0.1210 hectare situated at village Kekrabhat, Tehsil Dabhra, District - Sakti (C.G.). He further 3 hectare submits that some portion of aforesaid land has been utilized for construction of bango canal' without following due process of law and without paying any compensation. He further submits that the petitioner has filed an application , (Annexure P-2) before Land Acquisition Officer / Sub Divisional Officer (Revenue). Tahsil Dabhra, District Shakti (C.G.) to enquire into the matter, but the same has not been decided yet. He further contends that the petitioner is ready to file fresh application / representation before respondents No. 2 & 3 and they be directed to decide the same within stipulated period. 3. Learned counsel for respondents/State has no objection to allow the limited prayer made by counsel for the petitioner. 4. Though right to property is not a fundamental right, but still it is a constitution right under Article 300A of the Constitution of India, as such, no person can be deprived of his property without due process of law and without payment of compensation and other applicable benefits. If petitioner's land has been utilized for construction of "bango canal', then, due process of law is required to be followed. 5. Having considered the limited prayer of counsel for the petitioner, this writ petition is disposed of granted liberty in favour of petitioner to file fresh application/ representation before respondents No. 2 & 3. In the eventuality of filing such application/representation, they are directed to decide the same expeditiously preferably within a period of six months from the 4 date of filing of the application by the petitioner. It is observed that if, in demarcation, it is found that some portion of petitioner's land has been utilized for construction of 'bango canal', then appropriate proceeding for grant of compensation to the petitioner be drawn and compensation be paid to the petitioner in accordance with law. 6. With the aforesaid observation & direction, the writ petition is disposed of. 7. Pending interlocutory application (s), if any, stands (s) disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha