1 CGHC010226112024 2026:CGHC:36084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3489 of 2024 1 - Shambhu Choudhary S/o. Late Shri Mineketan Choudhary Aged About 48 Years R/o. Village- Libra, Block Tamnar, District- Raigarh (C.G.) 2 - Sagar Choudhary S/o. Late Shri Mineketan Choudhary Aged About 46 Years R/o. Village- Libra, Block Tamnar, District- Raigarh (C.G.) 3 - Umavati Choudhary W/o. Late Shri Mineketan Choudhary Aged About 68 Years R/o. Village- Libra, Block Tamnar, District- Raigarh (C.G.) 4 - Shiv Kumar Choudhary S/o. Late Shri Parasram Aged About 68 Years R/o. Village- Libra, Block Tamnar, District- Raigarh (C.G.) 5 - Venudhar S/o. Late Shri Madhusudan Aged About 67 Years R/o. Village- Libra, Block Tamnar, District- Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Mineral Resource Department Mantralaya, Mahanadi Bhawan Naya Raipur, P.S.- Abhanpur, District- Raipur (C.G.) P.S.- Raipur, District- Raipur (C.G.) Digitally signed by AMIT PATEL 2 2 - Collector, Raigarh Office Of Collectorate, District- Raigarh (C.G.) 3 - Sub Divisional Officer (Revenue), Gharghoda Office Of Sub Divisional Officer, Gharghoda, District- Raigarh (C.G.) 4 - Jindal Power Limited, Tamnar Through Executive Director, Jindal Power Limited, Tamnar Tahsil Tamnar, District- Raigarh (C.G.) ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioners : Mr. Roop Ram Naik, Advocate For State : Mr. Sabyasachi Choubey, Government Advocate For Respondent No. 4 : Mr. Shashank Thakur, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/08/2026 1. The petitioner has filed the present petition challenging the illegal and arbitrary action of Respondent No. 4/Jindal Power Limited, Tamnar, Tahsil Tamnar, District Raigarh (C.G.), in undertaking the laying of a pipeline over the lands belonging to the petitioners without following the procedure prescribed by law for acquisition of the said lands and without determining or paying adequate and lawful compensation to the petitioners. The petitioner has, therefore, preferred the instant petition seeking, inter alia, the following reliefs: 3 “10.1 That, the Hon’ble Court be pleased to restrain the respondent No.4 from taking illegal possession of the lands of the petitioners for laying pipeline. 10.2 That, the Hon’ble Court be pleased to direct the respondent State authorities to take action against the respondent No. 4 for illegal actions. 10.3 That, any other relief which this Hon’ble Court deems fit in the present facts and circumstances of the case may kindly be granted ” 2. Learned counsel appearing for the petitioners submits that Petitioner Nos. 1 to 3 are the owners of the following parcels of land, Khasra No. 512/7, admeasuring 0.223 hectare; Khasra No. 512/1, admeasuring 0.162 hectare; Khasra No. 375/1-Ga, admeasuring 0.040 hectare and Khasra No. 379/1, admeasuring 0.060 hectare. Petitioner No. 4 is the owner of land bearing Khasra No. 375/1-Ta, admeasuring 0.361 hectare, whereas Petitioner No. 5 is the owner of land bearing Khasra No. 363, admeasuring 0.206 hectare. Learned counsel further submits that Respondent No. 4/Jindal Power Limited, Tamnar, is proceeding to lay a pipeline over the lands belonging to the petitioners and is attempting to take possession thereof without following the 4 procedure prescribed by law. It is contended that Respondent No. 4 is proceeding with the proposed laying of the pipeline without initiating any lawful acquisition proceedings and without payment of adequate and lawful compensation to the petitioners for the use of their respective lands. It is, therefore, submitted that the action of Respondent No. 4 is wholly illegal and contrary to the procedure established by law and the petitioners are entitled to protection of their lawful possession and to payment of appropriate compensation in accordance with law. 3. Learned counsel appearing for Respondent No. 4 submits that an affidavit sworn by the Assistant General Manager of Jindal Power Limited, Tamnar/Respondent No.4 has been filed in support of the stand of Respondent No. 4. Relying upon the said affidavit, it is submitted that upon verification of the relevant project and land records, no Ash Slurry Pipeline has been laid or commissioned over the disputed parcels of land bearing Khasra Nos. 512/7, 512/1, 375/1-Ga, 379/1, 375/1-Ta and 363, situated at Village Libra, R.I.C. Dhourabhanta, Tahsil Tamnar, District Raigarh, Chhattisgarh. It is further submitted that the allegation of illegal possession of the aforesaid lands for laying an Ash Slurry Pipeline is incorrect and is specifically denied. Respondent No. 4 submits that it has acted in accordance with the applicable laws and prescribed procedures and has no intention to interfere with the lawful possession and rights of the petitioners except in accordance with due process of law. Accordingly, it is submitted 5 that the allegations made against Respondent No. 4 are misconceived and no relief is warranted against it. 4. Having heard learned counsel for the parties, upon due consideration of the facts and circumstances of the case, perusal of the documents available on record and in view of the aforesaid affidavit filed by Respondent No. 4, wherein it has been categorically stated that the land belonging to the petitioners is not being used for laying the Ash Slurry Pipeline, this Court is of the considered view that no further adjudication is required in the present petition at this stage. However, the petitioners shall be at liberty, in the event the respondents seek to lay any pipeline over the lands belonging to the petitioners or otherwise interfere with their lawful rights and possession, to knock the door of the Courts for redressal of their grievance 5. Accordingly, the present petition stands disposed of with the aforesaid liberty. Sd/- (Amitendra Kishore Prasad) Judge AMIT PATEL