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2026 DAILYLAW 37166 (CHH)

SANTOSH KUMAR JAISWAL v. STATE OF CHHATTISGARH

WPC/4839/2026 · 2026-09-23

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010371912026 2026:CGHC:41485 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4839 of 2026 Santosh Kumar Jaiswal S/o Late Shri Bairav, Aged About 55 Years R/o Near Convent School Bishrampur, Distt. Surajpur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nava Raipur Atal Nagar, District Raipur (C.G.) 2 - Collector Surajpur, District Surajpur (C.G.) 3 - Sub-Divisional Officer (Revenue) Surajpur, District Surajpur (C.G.) 4 - South Eastern Coalfields Limited, (SECL) Through Its Managing Director, Seepat Road, Bilaspur (C.G.) 5 - Regional General Manager, South Eastern Coalfields Limited (S E C L), Bishrampur Area, District Surajpur (C.G.) 6 - Executive Engineer Public Works Department (M / R), Division Surajpur, District Surajpur (C.G.) ... Respondent(s) (Cause title taken from CIS system) For Petitioner : Mr. Anuroop Panda, Advocate For SECL : Mr. Atul Kumar Kesharwani, Advocate For State : Mr. Abhishek Gupta, 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 present petition seeking the following reliefs:- “10.1 That, this Hon'ble Court issue an appropriate writ, order or direction, to the respondents Collector Surajpur and Sub Divisional Officer (Revenue), Surajpur to complete the requisite acquisition proceedings in respect of the portion of the petitioner's private land bearing Khasra Nos. 1268/5 and 1268/6, in accordance with the provisions of law, 10.2 Issue an appropriate writ, order or direction directing the respondents to pay/release the compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 10.3 Direct the respondents to pay to the petitioner all statutory benefits, including solatium, additional amount payable under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, or any other applicable law, 3 10.4 Cost of the petition may also be granted to the petitioner. 10.5 Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner in the interest of justice.” 2. Learned counsel appearing for the petitioner submits that despite the recommendations made by the Sub-Divisional Officer (Revenue), Surajpur, District Surajpur (C.G.), the authorities have not initiated acquisition proceedings in respect of the portion of the petitioner’s private land bearing Khasra Nos. 1268/5 and 1268/6, which has been utilized for the construction, widening and strengthening of the public road. It is further submitted that neither have the acquisition proceedings been initiated nor has compensation been paid to the petitioner, although the amount of compensation has already been determined. 3. Learned counsel appearing for the State submits that the concerned Sub-Divisional Officer (Revenue) has already addressed a letter to the Chief Managing Director, SECL, Bishrampur, District Surajpur (C.G.), intimating him to do the needful in the matter and to accord consent for grant of compensation to the petitioner in respect of the land utilized for the aforesaid public purpose. 4 4. Learned counsel appearing for SECL submits that it is for the concerned Collector to initiate the proceedings for acquisition of the land and to determine the amount of compensation payable to the petitioner in accordance with law. It is further submitted that upon completion of the acquisition proceedings and passing of an award determining the compensation in favour of the petitioner, SECL shall pay the amount so determined in accordance with law. 5. Having heard learned counsel for the parties and having considered the submissions made by the parties, it would be appropriate to direct the Collector, Surajpur to initiate proceedings for acquisition of the land in question in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “the Act of 2013”). The concerned authority shall thereafter issue notice to the concerned parties to receive their objections and determine the amount of compensation payable in accordance with law. Upon determination of the compensation, the Collector shall take necessary steps for passing of an award in favour of the petitioner through the competent Land Acquisition Officer. Thereafter, the concerned authority of SECL shall deposit the amount of compensation so determined before the competent authority and upon such deposit, the amount shall be disbursed to the petitioner in accordance with law. 6. Having regard to the fact that there is no dispute in respect of utilization of the land of the petitioner over as well as the amount 5 to be determined by the concerned SECL. Further, the land of the petitioner has already been taken over way back in the year 2023, the respondent authorities are directed to initiate the proceedings of acquisition immediately and to conclude the same within a period of 120 days from the date of receipt of a copy of this order. Thereafter, SECL shall deposit the compensation amount which shall be disbursed to the petitioner in accordance with law without any undue delay. 7. With the aforesaid observations and directions this writ petition stands disposed of. SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL