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2026 DAILYLAW 37417 (CHH)

VISHNU PRASAD PANDEY v. STATE OF CHHATTISGARH

WPC/3376/2021 · 2026-09-23

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010192512021 2026:CGHC:41519 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3376 of 2021 Vishnu Prasad Pandey S/o Sukhdev Prasad Pandey, Aged About 58 Years R/o. Village Raghunathpur, Post - Premnagar, Police Station And Tahsil Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh, Through - The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector-Cum-Land Acquisition Officer, Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 3 - Sub Divisional Officer, Premnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 4 - General Manager, Parsa Coal Block (Adani Mines), Rajasthan Electricity Board, Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 2 ... Respondent(s) For Petitioner(s) : Ms. Divya Sahu, Advocate For Respondent(s) : Mr. Abhyuday Tripathi, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 24/09/2026 1. The petitioner has prayed for the following reliefs: 10.1 That, this Hon’ble Court may kindly be pleased to allow the petition filed by the petitioner and be pleased to make an order to direct the respondent authorities particularly the respondent no. 2 to grant the compensation for the land which has been acquired and also to grant the benefits, which are granted under the New Act, 2013 which grants the benefit of rehabilitation and also to grant the land to affected persons, three times of the land, which has already been acquired from the affected persons as well as the benefit of employment and alongwith the interest @ 12% from the date of acquisition until the total grant of compensation. 10.2 That, the Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate. 3 2. Learned counsel for the petitioner submits that the petitioner is not challenging any specific or particular order, but is seeking a direction to the respondent authorities, particularly respondent No. 2, for grant of compensation in respect of the land acquired by the respondent authorities in the year 2018. He further submits that the petitioner is also seeking the benefits available under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including the rehabilitation and resettlement benefits, allotment of land to the affected persons to the extent of three times the area of land acquired from them, and the benefit of employment. It is further submitted that the petitioner is entitled to interest at the rate of 12% per annum from the date of acquisition till payment of the entire compensation amount. 3. Learned State counsel submits that the land in respect of which the petitioner is seeking compensation does not belong to the petitioner. He submits that the said land belongs to the State Government and is duly recorded as such in the revenue records for the year 2020–21. Therefore, the petitioner is not entitled to claim any compensation in respect of the said land. He further submits that the petitioner is an encroacher upon the State Government land and has failed to establish that he is the title holder thereof. 4. Learned counsel appearing for respondent No. 4 submits that the 4 land which the petitioner claims to be his is, in fact, Government land bearing Khasra No. 860, admeasuring 0.4900 hectare, and is recorded in the revenue records as Government land belonging to the State of Chhattisgarh. He further submits that the said land is classified under the category of “Chote Jhaad Ke Jungle”. The said submission is supported by a copy of the khasra panchshala of 2020-21 of village Tara, Halka No. 00017, Revenue Circle Inspector and Tehsil Premnagar, District- Surajpur which is filed with the reply as Annexure R/1. Since the petitioner is not the owner of the said land, he is not entitled to claim any relief from this Court on the ground that the said land has been acquired. 5. Heard learned counsel for the respective parties and perused the record available. 6. The petitioner has approached this Court seeking a direction to the respondent authorities for grant of compensation in respect of the land allegedly acquired by the respondent authorities in the year 2018, along with the benefits available under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including rehabilitation and resettlement benefits, allotment of land and employment, as well as interest on the compensation amount. The principal objection raised by the respondents is that the land in question is not owned by the petitioner. As per the revenue records for the year 2020-21, the land bearing Khasra No. 860, admeasuring 0.4900 hectare, is recorded as Government land belonging to the 5 State of Chhattisgarh and is classified under the category of “Chote Jhaad Ke Jungle”. The said fact is also supported by the khasra panchshala for the year 2020-21 pertaining to Village Tara, Halka No. 00017, Revenue Circle Inspector and Tehsil Premnagar, District Surajpur, filed along with the reply as Annexure R/1. In the face of the aforesaid revenue entries, the petitioner has failed to place on record any material demonstrating his title or any legally recognizable right or interest over the land in question. Merely claiming the land to be his own, in the absence of any material establishing title thereto, would not confer upon the petitioner any enforceable right to claim compensation on account of acquisition of the said land. 7. It is well settled that entitlement to compensation arising out of acquisition of land depends upon the claimant establishing his right, title or interest in the land acquired. In the present case, the petitioner has failed to establish that he was the owner or otherwise entitled to claim compensation in respect of Khasra No. 860. On the contrary, the revenue records produced by the respondents indicate that the land is recorded as Government land belonging to the State of Chhattisgarh. In such circumstances, the petitioner cannot claim compensation or consequential benefits under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including rehabilitation and resettlement 6 benefits, allotment of land or employment, on the basis of acquisition of the aforesaid land. 8. Consequently, this Court finds no ground to issue any direction to the respondent authorities for payment of compensation or grant of consequential benefits to the petitioner in respect of the land in question. 9. Accordingly, the writ petition is dismissed. SD/- (Amitendra Kishore Prasad) JUDGE Madhurima