1 CGHC010363932026 2026:CGHC:41480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4747 of 2026 Ramesh Mali Son Of Madhaw Mali Aged About 44 Years Resident Of Village Hirapur, Tehsil - Chandrapur, 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 Revenue And Disaster Management, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur, Chhattisgarh 3 - Collector Sakti District – Sakti 4 - Sub Divisional Officer (R) Cum Land Acquisition Officer Dabhra District Sakti Chhattisgarh 5 - Executive Engineer Water Resource Department, Division Raigarh, District Raigarh, Chhattisgarh ... Respondent(s) (Cause title is taken from CIS Periphery.) For Petitioner : Mr. Pranjal Agrawal, Advocate. For State : Dr. Arham Siddiqui, PL Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24.09.2026 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. 187/2 admeasuring area 0.87 acre situated at Village Hirapur, Tahsil-Chandrapur, 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 his grievance and a direction be issued to the concerned respondent authorities to decide the representation, initiate acquisition proceedings and grant compensation to the petitioner. He further submits that the action and inaction of the respondents are discriminatory, inasmuch as similarly situated affected landowners in the same Ghatoi Dam project have been subjected to spot inspection by the team of the 3 Revenue Department and the Water Resources Department and have been paid compensation, whereas no spot inspection has been conducted in respect of the petitioner's land and no compensation has been paid to him. It is submitted that spot inspections in respect of similarly situated persons were conducted on 07.12.2021 and 07.08.2026. The construction of Ghatoi Dam was commenced in the year 1979 and, as the possession of the petitioner's land was taken in the year 1979, the petitioner is also entitled to claim interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in accordance with law. He also submits that in an identical matter, this Court has passed an order dated 17.04.2026 in W.P. (C) No. 1792 of 2026, which is relied upon by the petitioner. The petitioner further rely upon the order dated 03.01.2022 passed by the Hon'ble Supreme Court in Gayabai Digambar Puri (Died) through LRs. v. The Executive Engineer & Others, particularly with regard to entitlement to interest from the date of dispossession. In view of the aforesaid facts and the treatment accorded to similarly situated persons, the petitioner is entitled to appropriate compensation, along with interest as permissible under law, after conducting spot inspection and determining the compensation payable in respect of their submerged land. 3. Learned State counsel submits that the present petition may be disposed of with appropriate direction, however, if the petitioner is 4 seeking indulgence of this Court, then he should file appropriate application before the concerned authorities. 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