1 2026:CGHC:13354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1221 of 2026 1 - Jitendra Kumar Verma S/o Anirudh Lal Verma Aged About 45 Years R/o Village Parasada, Post-Sonsari, Tahsil Akaltara, District- Janjgir-Champa (Cg) 2 - Rajesh Kumar Verma S/o Anirudha Lal Verma Aged About 42 Years R/o Village Parasada, Post-Sonsari, Tahsil Akaltara, District- Janjgir-Champa (Cg) 3 - Dinesh Kumar Verma S/o Anirudha Lal Verma Aged About 39 Years R/o Village Parasada, Post-Sonsari, Tahsil Akaltara, District- Janjgir-Champa (Cg) 4 - Smt. Ratana Verma D/o Anirudha Lal Verma Aged About 50 Years W/o Late Arun Kumar, R/o Village Muhbhattha, Thana And Tahsil Saragav, District Mungeli (Cg) --- Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Irrigation/water Resources Department, Mantralaya, New Raipur, District-Raipur (Cg) 2 - The Collector Janjgir,district- Janjgir-Champa (Cg) 3 - The Sub-Divisional Officer (R) And Land Acquisition Officer Janjgir,district- Janjgir-Champa (Cg) 4 - The Tahsildar Akaltara, District- Janjgir-Champa (Cg) 5 - The Executive Engineer Irrigation Department, (Hasdev Division) Janjgir, District- Janjgir-Champa (Cg) AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.03.20 17:21:00 +0530 2 6 - The Sub-Divisional Officer Irrigation Department Nariyara No. 7, District- Janjgir- Champa (Cg) --- Respondent(s) For Petitioner : Mr. Bharat Rajput, Adv. For Respondent(s) : Mr. Anadi Sharma, Panel Lawyer Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 19-3-2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :- 10.1 That this Hon'ble Court may kindly be pleased to direct the concerned respondent authorities to decide the case for grant of compensation in lieu of acquiring the land 0.12 acre of khasara no. 686/2 area 0.38 acre and already constructing the cannel within prescribed time period, in the interest of justice. 10.2 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given. 2. Learned counsel for the petitioners submits that, the petitioners are recorded owner of land bearing Khasra No. 686/2 area 0.38 acre situated at Parsada, Tahsil Akaltara, District Janjgir-Champa. Out of aforesaid area, 0.12 dismil has been used by respondents for construction of Khatola Minor canal without following due process of law and without giving compensation. On being application filed by the 3 petitioners, demarcation of said land has also been carried out and vide demarcation report (Ex. P-2) dated 24-5-2022, concerned Patwari has reported that 0.12 dismil of aforesaid land of the petitioners, has been utilized for construction of Khatola Minor Nahar. Learned counsel further submit that, earlier on account of application filed by Bindabai (late mother of petitioner), Executive Engineer, Hasdev Canal Water Management Division, Janjgir Distt. Janjgir-Champa has reported the Collector, Distt. Janjgir-Champa vide Annexure P-4 dated 12-6-2023 that said land of the petitioners/their mother has not been utilized for construction of canal, but it has not taken into consideration the demarcation report Ex. P-2 dated 24-5-2022. Learned counsel further submits that, the petitioners have filed an application dated 3-7-2023 before the Collector, Janjgir-Champa, but the same has not been decided yet. The petitioners are ready to file fresh application before the Collector along with demarcation report Ex. P-2 and he may be directed to decide the same within stipulated period. 3. Learned counsel for the State has no objection to allow above limited prayer. 4. Heard learned counsel for the parties and perused the material available on record. 5. Though vide communication dated 12-6-2023 (Annexure P-4), the Executive Engineer, Hasdev Cannal Water Management Division, Janjgir Distt. Janjgir-Champa has sent communication to the Collector, Distt. Janjgir-Champa stating therein that 0.12 acre land out of land of Khasra No. 686/2 has not been acquired for construction of said canal, 4 but he has not mentioned about demarcation report Ex. P-2 dated 24- 5-2022 wherein, the concerned Patwari has reported that 0.12 dismil of aforesaid land of the petitioners has been used for construction of Khatola Minor Canal. 6. Having considered the limited prayer made by learned counsel for the petitioners, without entering into the merit of the case, this writ petition is disposed of granting liberty to the petitioners to file a fresh application along with all necessary documents before the respondent No. 2/Collector, Distt. Janjgir-Champa for redressal of his grievance. In the eventuality of filing such application within 15 days from today, the respondent No. 2 is directed to decide the same expeditiously preferably within 60 days from the date of filing of the application. If required, the respondent No. 2 may also get done fresh demarcation of the said land. It is further observed that, in demarcation, if it is found that, some portion of land of the petitioners has been utilized for construction of said canal, then appropriate step may be taken by respondents No. 2 and 3 with regard to grant of compensation and other applicable benefits to the petitionesr, within a further period of 6 months. 7. With the above observations and directions, this writ petition is disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Pathak