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2026 DAILYLAW 30632 (CHH)

JHULESWARI PATEL v. STATE OF CHHATTISGARH

WPC/4090/2026 · 2026-08-06

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010303222026 2026:CGHC:34682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4090 of 2026 Jhuleswari Patel W/o Chhabilal Patel Aged About 48 Years R/o Village Kabaripali, Tehsil Dabhara, Distt. Sakti, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh. 2 - Secretary Department Of Water Resource, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh. 3 - Collector District Sakti, Chhattisgarh. 4 - Sub Divisional Officer (R) Cum Land Acquisition Officer Dabhara, Distt. Sakti, Chhattisgarh. 5 - Executive Engineer Janjgir Division Head Office At Champa, Distt. Janjgir Champa, Chhattisgarh. (Cause title is taken from CIS Periphery.) For Petitioner : Mr. Pranjal Agrawal, Advocate. For State : Mr. Anand Dadariya, Dy. A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07.08.2026 Digitally signed by AMIT PATEL Digitally signed by AMIT PATEL 2 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 That, this Hon'ble court may kindly be pleased to direct the respondents for correction 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 Act, 2013 from the date of dispossession and also grant benefit under Section 30 (3) of Act, 2013. 2. Learned counsel for the petitioner submits that the petitioner is the owner of land bearing Khasra No. 574/4 admeasuring area 0.0610 hectare situated at Village Kekarabhat Tehsil Dabhara, District Sakti. It is further submitted that after construction of the Ghatoi Dam, a portion of the petitioner’s agricultural land has come under the submergence area of the said Dam. However, no acquisition proceeding has been drawn with respect to the petitioner’s land falling under the submergence area. Therefore, it is prayed that at this stage liberty may be granted to the petitioner to file a fresh representation for redressal of her grievance and a direction be issued to the respondent authorities (respondents No.3 & 4) to decide the representation, initiate acquisition proceedings and grant compensation to the petitioner. 3 3. Learned State counsel submits that the present petition may be disposed of with appropriate direction. 4. Having considered the limited prayer made by counsel for petitioner, without entering into the merits of the case, this petition is disposed of granting liberty to the petitioner to file a fresh representation before respondent authorities along with all necessary documents and a copy of this order, within a period of 15 days from today. In the eventuality of filing such representation by the petitioner, the respondent authorities are directed to get demarcated the subject land of petitioner within a further period of 45 days from the date of filing of representation, and if it is found that the said land of petitioner has come in submergence/affected area of the said Dam, then appropriate proceedings be initiated for grant of compensation to the petitioner. 5. The aforesaid proceedings with regard to acquisition and grant of compensation be concluded within a further period of 90 days from the date of demarcation of aforesaid land of petitioner. 6. With the aforesaid observations and directions, this writ petition stands disposed of Sd/- (Amitendra Kishore Prasad) Judge AMIT PATEL