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2026 DAILYLAW 33286 (CHH)

SMT. RUKHMANI SINGH v. STATE OF CHHATTISGARH

WPC/4354/2026 · 2026-08-23

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010320482026 2026:CGHC:37745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4354 of 2026 Smt. Rukhmani Singh W/o Shri Indrasen Singh Aged About 41 Years R/o Harsh Vihar, House No. 7, Phase-2, Daldalsivani, Tehsil And District Raipur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Housing And Environment, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Nava Raipur Atal Nagar Vikas Pradhikaran Earlier Known As Naya Raipur Development Authority (N R D A), Through Its Chairman, Paryavas Bhawan, North Block, Sector 19, Naya Raypur Marg, Naya Raipur, Chhattisgarh 492002 India 3 - The Chief Executive Officer, Nava Raipur Atal Nagar Vikas Pradhikaran Earlier Known As Naya Raipur Development Authority (N R D A), Paryavas Bhawan, North Block, Sector 19, Naya Raypur Marg, Naya Raipur, Chhattisgarh 492002 India 4 - The Collector Office Of Collector, Raipur, District Raipur Chhattisgarh 5 - Sub Divisional Officer (Re) Cum Land Acquisition Officer Arang, District Raipur Chhattisgarh 6 - The Tahsildar Tahsil Abhanpur, District Raipur Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Shahil Singh, Advocate For State : Mr. Shobhit Misrha, Dy. Govt. Advocate For Respondents No.2 & 3 : Mr. Animesh Tiwari, Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.08.25 10:24:17 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 24.08.2026 1. By filing the present petition, the petitioner has called in question the acquisition of her land bearing Khasra No.353/44, admeasuring 0.135 hectare, situated at Village Bendri, P.H. No.18, Revenue Inspector Circle Abhanpur, Tehsil Abhanpur, District Raipur (Chhattisgarh), and has prayed for the following reliefs:- “10.1 This this Hon'ble Court may kindly be pleased to issue appropriate writ/writs, order/orders, direction/directions quashing the acquisition of land bearing Khasra No.353/44, admeasuring Rakba 0.135 hectare, situated at Village Bendri, P.H.N. 18. R.N.M. Abhanpur, Tehsil Abhanpur, Raipur, Chhattisgarh; 10.2 This Hon'ble Court may kindly be pleased to issue appropriate writ/writs, order/orders, Respondent direction/directions directing the Authorities to acquire the land of the Petitioner bearing Khasra No. 353/44, admeasuring Rakba 0.135 hectare, situated at Village Bendri, P.H.N. 18, R.N.M. Abhanpur, Tehsil Abhanpur, Raipur, Chhattisgarh, in accordance with the provisions of the land acquisition law: 10.3 This Hon'ble Court may kindly be pleased to issue appropriate writ/writs, order/orders, direction/directions directing the Respondent Authorities to recalculate the 3 compensation of the land acquisition in accordance with law; or return the land back to the petitioner as unutilized, as per the provision of RFCTLARR Act, 2013; 10.4 This Hon'ble Court may kindly be pleased to pass an order similar to the order dated 01.05.2024 passed by this Hon'ble Court in WPC No. 5267 of 2022 (Annexure P/4), if she is found to be similarly situated; 10.5 This Hon'ble Court may kindly be pleased to direct the concerned authority to pass a reasoned and speaking order on the petitioner's representation and communicate the same to the petitioner within the time prescribed by this Hon'ble Court; 10.6 This Hon'ble Court be pleased to grant such other relief(s) in favour of the petitioner, as it may deem fit and proper in the interest of justice.” 2. Learned counsel for the petitioner submits that the land in question was acquired in the year 2011 and the award was passed prior to the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the “2013 Act”). However, despite the acquisition, no compensation has been paid to the petitioner till date. He further submits that the petitioner has already submitted a representation before the competent authorities seeking payment of the compensation due to her. 4 3. Per contra, learned counsel appearing for respondent Nos.2 and 3 submits that, as per the award, the amount of compensation has already been kept deposited in the office of respondent No.5. However, since the petitioner did not come forward to receive the said amount, the same could not be disbursed to her. 4. Learned State counsel submits that the petitioner may receive the compensation amount already deposited and may thereafter submit a fresh representation before the competent authority, if so advised. 5. At this stage, learned counsel for the petitioner submits that the petitioner may be permitted to receive the amount of compensation and, having now come to know the amount determined under the award, seeks liberty to file an appropriate application/representation before the competent authority with regard to the said compensation. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the matter in its entirety, the petitioner is granted liberty to file a fresh application before the concerned authority for release/disbursement of the amount of compensation payable to her under the award. Upon receipt of such application, the concerned authority shall disburse the amount of compensation to the petitioner, subject to verification of her entitlement, within a period of 15 days from the date of filing of the application. 5 8. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim regarding the validity of the acquisition or any further claim for enhanced compensation, and the competent authority shall consider any such claim strictly in accordance with law. 9. With the aforesaid liberty and direction, the present petition stands disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh