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2026 DAILYLAW 33626 (CHH)

GOURISHANKAR BAGHEL v. STATE OF CHHATTISGARH

WPC/4233/2026 · 2026-08-16

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010316862026 2026:CGHC:36495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4233 of 2026 1 - Gourishankar Baghel S/o Mahettar Baghel Aged About 46 Years Caste Schedule Caste 2 - Damrudhar S/o Mahettar Baghel Aged About 41 Years Caste Schedule Caste Both are R/o Village Kabaripali Tehsil Dabhara, 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 - Engineer In Chief Water Resource Department, Shivnath Bhawan Naya Raipur, District- Raipur, Chhattisgarh 4 - Collector, District- Sakti Chhattisgarh 5 - Sub Divisional Officer (R) Cum Land Acquisition Officer Dabhara District- Sakti Chhattisgarh 6 - Executive Engineer Janjgir Division Head Office At Champa, District- Janjgir- Champa Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Pranjal Agrawal, Advocate. For Respondent(s) : Shri SS Choubey, GA. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/08/2026 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 conducting spot inspection and once it is AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.08.18 10:30:57 +0530 2 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. 10.3 That this Hon'ble court may kindly be pleased to direct the respondent for also granting additional amount under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 from the date of dispossession. 10.4 That this Hon’ble Court may kindly be pleased to direct the respondents for complying provision of Section 41 (6) of Act, 2013. 10.5 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 for the petitioner submits that the petitioners are the owners of land bearing Khasra No. 910/4, 910/5 admeasuring area 0.0810, 0.0120 hectare situated at Village Kabaripali Tehsil Dabhara, District Sakti. It is further submitted that after construction of the Ghatoi Dam, a portion of the petitioners’ agricultural land has come under the submergence area of the said Dam. However, no acquisition proceeding has been drawn with respect to the petitioners’ land falling under the submergence area. Therefore, it is prayed that at this stage liberty may be granted to the petitioners to file a fresh representation for redressal of their grievance and a direction be issued to the respondent authorities to decide the representation, initiate acquisition proceedings and grant compensation to the petitioners. 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 petitioners, without 3 entering into the merits of the case, this petition is disposed of granting liberty to the petitioners 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 petitioners, the respondent authorities are directed to get demarcated the subject land of petitioners within a further period of 45 days from the date of filing of representation, and if it is found that the said land of petitioners has come in submergence/affected area of the said Dam, then appropriate proceedings be initiated for grant of compensation to the petitioners. 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 petitioners. 6. With the aforesaid observations and directions, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash