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2026 DAILYLAW 4707 (CHH)

ANIRUDH LAL VERMA v. THE STATE OF CHHATTISGARH

WPC/1222/2026 · 2026-03-18

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2026:CGHC:13355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1222 of 2026 Anirudh Lal Verma S/o Late Uderam Verma Aged About 70 Years R/o Village- Parasada, Post- Sonasari, Thana- Mulmula, Tahsil- Akaltara, District- Janjgir- Champa (C.G.) --- Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Irrigation/ Water Resources Department, Mantralaya New Raipur, District- Raipur (C.G.) 2 - The Collector Janjgir, District Janjgir-Champa (C.G.) 3 - The Sub-Divisional Officer (R)/ And Land Acquisition Officer Janjgir, District Janjgir-Champa (C.G.) 4 - The Tahsildar Akalatara, District Janjgir-Champa (C.G.) 5 - The Executive Engineer Irrigation Department (Hasdev Cannel Water Management Division) Janjgir, District Janjgir-Champa (C.G.) 6 - The Sub-Divisional Officer Irrigation Department Nariyara No. 7, District Janjgir- Champa (C.G.) --- Respondent(s) For Petitioner : Mr. Bharat Rajput, Adv. AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.03.20 17:17:15 +0530 2 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 lands khasara no. 680/4 are 0.10 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 petitioner submits that, the petitioner is recorded owner of land bearing Khasra No. 680/4 area 0.40 acre situated at Parsada, Tahsil Akaltara, District Janjgir-Champa. Out of aforesaid area, 0.10 acre 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 petitioner, demarcation of said land has also been carried out and vide demarcation report (Ex. P-2) dated 16-4-2025, concerned Patwari has reported that 0.10 acre of aforesaid land 3 of the petitioner, marked in red ink in Najri Naksha, 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-5 dated 12-6-2023 that said land of the petitioner/ his mother has not been utilized for construction of canal. Learned counsel further submits that, the petitioner has filed an application dated 3-7-2023 before the Collector, Janjgir-Champa, but the same has not been decided yet. The petitioner is 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-5), the Executive Engineer, Hasdev Cannal Water Management Division, Janjgir Distt. Janjgir-Champa has sent communication to the Collector, Distt. Janjgir-Champa stating therein that 0.10 acre land out of land of Khasra No. 680/4 has not been acquired for construction of said canal, but as per demarcation report Ex. P-2 4 dated 16-4-2025, the concerned Patwari has reported that 0.10 acre of aforesaid land of the petitioner, marked in red ink in Nazri Naksha, has been used for construction of Khatola Minor Canal. 6. Having considered the limited prayer made by learned counsel for the petitioner, without entering into the merit of the case, this writ petition is disposed of granting liberty to the petitioner 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 got 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 petitioner 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 petitioner, 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