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2026 DAILYLAW 37403 (CHH)

Babulal v. State Of Chhattisgarh

WPC/1927/2015 · 2026-09-27

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010026162015 2026:CGHC:42155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2023 of 2015 1 - Gopal S/o Late Ram Bhagat, Aged About 62 Years R/o. Village Dumaria, Post, P. S. And Tehsil Surajpur, Revenue And Civil District Surajpur Chhattisgarh 2 - Sant Kumar S/o. Late Ram Sunder Aged About 30 Years R/o. Village Dumaria, Post, P. S. And Tehsil Surajpur, Revenue And Civil District Surajpur District : Surajpur, Chhattisgarh 3 - Nand Kumar S/o. Late Ram Sunder Aged About 32 Years R/o. Village Dumaria, Post, P. S. And Tehsil Surajpur, Revenue And Civil District Surajpur, District : Surajpur, Chhattisgarh 4 - Phoolmati, D/o. Late Ram Sunder Aged About 27 Years R/o. Village Dumaria, Post, P. S. And Tehsil Surajpur, Revenue And Civil District Surajpur, District : Surajpur, Chhattisgarh 5 - Indra Kunwar, W/o. Late Ram Sunder, Aged About 50 Years R/o. Village Dumaria, Post, P. S. And Tehsil Surajpur, Revenue And Civil District Surajpur, District : Surajpur, Chhattisgarh 6 - Dhansai, S/o. Late Ram Bhagat, Aged About 60 Years R/o. Village Dumaria, Post, P. S. And Tehsil Surajpur, Revenue And Civil District Surajpur, District : Surajpur, Chhattisgarh --- Petitioners Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Industries/ Revenue Mahanadi Bhawan, Naya Raipur, Revenue And Civil District Raipur Chhattisgarh 2 - Collector, Sarguja, Revenue And Civil Distt. Sarguja, District : Surguja (Ambikapur), Chhattisgarh 3 - Collector, Surajpur, Revenue And Civil Distt. Surajpur, District : Surajpur, Chhattisgarh 4 - Land Acquisition Officer, Thermal Power Project Premnagar/ Bhaiyathan Head Office Ambikapur, Revenue And Civil District Sarguja, District : Surguja (Ambikapur), Chhattisgarh 5 - S D O Revenue, Surajpur, Revenue And Civil Distt. Surajpur, District : Surajpur, Chhattisgarh Digitally signed by RAMESH KUMAR VATTI Date: 2026.09.30 10:39:34 +0530 2 6 - Tehsildar Surajpur, Revenue And Civil District Surajpur, District : Surajpur, Chhattisgarh 7 - Executive Engineer Civil, C.S.P.G.C.L., Bishrampur, Revenue And Civil District Surajpur, District : Surajpur, Chhattisgarh 8 - M/s Sarguja Rail Corridor Private Limited, Adani Group, Ketka Road, Behind Shyam Mandir, Surajpur, Revenue And Civil District Surajpur , District : Surajpur, Chhattisgarh --- Respondents And WPC No. 1927 of 2015 * - Babulal S/o Sahdev, Aged About 57 Years Caste Rajwar, Occupation Agriculturist, R/o. Village Dumaria, Post, P. S. And Tehsil Surajpur, Revenue And Civil District Surajpur, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Industries/ Revenue, Mahanadi Bhawan, Naya Raipur, Revenue And Civil District Raipur Chhattisgarh 2 - Collector Sarguja, Revenue And Civil Distt. Sarguja, District : Surguja (Ambikapur), Chhattisgarh 3 - Collector Surajpur, Revenue And Civil District Surajpur, District : Surajpur, Chhattisgarh 4 - Land Acquisition Officer, Thermal Power Project Premanagar/ Bhaiyathan Head Office Ambikapur, Revenue And Civil District Sarguja, District : Surguja (Ambikapur), Chhattisgarh 5 - S D O Revenue, Surajpur, Revenue And Civil Distt. Surajpur, District : Surajpur, Chhattisgarh 6 - Tehsildar Surajpur, Revenue And Civil District Surajpur, District : Surajpur, Chhattisgarh 7 - Executive Engineer Civil, C.S.P.G.C.L., Bishrampur, Revenue And Civil District Surajpur, District : Surajpur, Chhattisgarh 8 - M/s Sarguja Rail Corridor Private Limited, Adani Group, Ketka Road, Behind Shyam Mandir, Surajpur, Revenue And Civil District Surajpur, District : Surajpur, Chhattisgarh --- Respondents For Petitioners : Mr. Surfraj Khan, Advocate For Respondents No. 1 to 6 For Respondent No. 7 For Respondent No. 8 : : : Ms. Ritika Verma, Panel Lawyer Dr. Veena Nair, Advocate Dr. N.K. Shukla, Senior Advocate with Mr. Dinesh Kumar Bole, Advocate 3 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. Learned counsel for the petitioners would submit that while acquiring the petitioners’ land for the purpose of construction of Naya Raipur, land acquisition award was passed on 22.07.2013. However, the award amount was disbursed to the petitioners only in October, 2018, therefore, the petitioners are entitled to interest on the award amount under Section 34 of the Land Acquisition Act, 1894. 2. Learned counsel would draw attention of the Court to the law laid down by the Supreme Court in the matter of Union of India and another vs Pushpavathi and others, reported in (2018) 3 SCC 28, to highlight that the writ petitions are maintainable to claim interest under Section 34 of the Act, 1894. 3. Considering the entire facts situation of the case and the judgment rendered by the Hon'ble Supreme Court, the writ petitions are disposed of with direction that in the event the petitioners move a representation before the respondent Nos. 3 & 5 claiming the interest for the period of passing of the award and its disbursal, within a period of 4 weeks from today, the said respondents shall consider and decide the representation taking into the consideration which of the respondent is responsible for delay, after hearing all the affected respondents at the earliest, preferably within a period of 4 months thereafter. Sd/- (Rakesh Mohan Pandey) Judge vatti