1 2026:CGHC:11633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1035 of 2026 1 - Nandkishore S/o Shankarlal Aged About 52 Years R/o H.No. 64 Bangladipara, Raigarh (Cg) 496001 2 - Hemlata D/o Phoolchand Aged About 50 Years House No. 40/340, Kotra Road, Soniya Nagar, Raigarh (Cg) 496001 3 - Gulab Ram Sidar S/o Jawahar Sidar Aged About 46 Years R/o Uparpara Ward No. 10 Kalahandi Konthardi, Raigarh (Cg) 496001 4 - Fagulal Chouhan S/o Shankarlal Aged About 52 Years R/o Village Saraipali, District- Raigarh (Cg) 5 - Tirath Raj Sidar S/o Kumar Singh Sidar Aged About 62 Years Saraipali, Raigarh, Ward No. 43, Kirodimalnagar, Raigarh (Cg) 496001 ... Petitioners versus 1 - State Of Chhattisgarh Through- Secretary Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, Nava Raipur (Cg) 496001 2 - State Of Chhattisgarh Through The Collector, District-Raigarh (Cg) 496001 3 - State Of Chhattisgarh Through Sub Divisional Officer, Raigarh District Raigarh (Cg) 496001 4 - State Of Chhattisgarh Through The Tahsildar Raigarh District Raigarh (Cg) 496001 5 - Jindal Steel And Power Limited Patrapali Plant, District Raigarh (Cg) 496001 ... Respondents For Petitioner : Mr. NK Malaviya, Advocate For Respondents 1 to 4/State : Mr. Soumitra Kesharwani, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 11.3.2026 BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.03.12 17:13:29 +0530 2 1. The petitioners have 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 allow the writ petition and may further direct Respondents 2 to 4 to conduct a fair and impartial inquiry and determine compensation under the Chhattisgarh Government Land Purchase Policy, 2016, along with rehabilitation benefits; 10.2 That, this Hon'ble Court may kindly be pleased to call for the entire records relating to the matter, further directed to the respondent no. 3 to decide the matter within a stipulated time. 10.3 That, this Hon'ble Court may kindly direct payment of compensation with interest from the year 2005 till actual payment, in terms of Section 80 of the Land Acquisition Act; 10.4 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed. 2. Learned counsel for the petitioners submits that respondent No.5/Jindal Steel & Power Limited, Patrapali Plant, Distt. Raigarh, entered into an understanding with the petitioners assuring that in lief of affected land of the petitioners, double land at another place in the same village would be allotted and that land acquisition proceedings would be undertaken and compensation along with rehabilitation benefits would be paid. On the basis of such assurance, the petitioners were deceitfully induced and respondent No.5 illegally occupied and utilized the land of the petitioners by laying underground pipelines, high tension electricity line, erection of towers and construction of roads without initiating any lawful land acquisition proceedings in accordance with law. Learned counsel further submits that neither alternative land has been allotted nor compensation or rehabilitation has been provided to the petitioners. He further submits that the petitioners filed 3 application before respondent No.3, to which some report has been sought from respondent No.4 & 5, in which it has been categorically reported that respondent No.5 has illegally encroached upon Khasra No.69/1, 69/2, 69/3 and 72/1, High Tension transmission towers have been erected over Khasra Nos. 69/1 and 69/2, underground pipelines were laid in 2005 beneath Khasra Nos. 69/2 and 69/3.A, road has been constructed over Khasra No.72/1. Learned counsel further submits that aforesaid report itself shows that respondent No.5 is using and enjoying the petitioners’ land since 2005, without paying any compensation or alternative land or rehabilitation. Hence, it is prayed that, this petition may be disposed of at this stage, directing the Collector, Distt. Raigarh/respondent No.2 to decide the application dated 16.5.2024 (Annexure-P/2) filed by the petitioners, expeditiously, so that grievance of the petitioners may be redressed in accordance with law. 3. On the other hand, learned counsel appearing for the State submits that on account of representation filed by the petitioners, report has been sought from respondent Nos. 4 & 5 and after receiving the report, grievance of the petitioners would be redressed in accordance with law. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. Land is the main source of livelihood of the villagers. It is surprising that respondent No.5, who is an industrialist, has allegedly been using the land of the villagers/petitioners without paying compensation, providing alternative land or ensuring rehabilitation. It is also surprising that despite seeking report from respondent Nos.4 & 5 by the Collector, Raigarh, no concrete action has been taken by him to redress the grievance of the petitioners. Property right is a constitutional right under Article 300A of the Constitution of India, which provides that no person can be deprived from his 4 property without following due process of law. Therefore, the Collector, Raigarh ought to have taken lawful action to redress the grievance of the petitioners. 6. In view of the above facts, this writ petition is disposed of at this stage directing the Collector, Raigarh/respondent No.2 to decide the application dated 16.5.2024 (Annexure-P/2) filed by the petitioner and take appropriate steps in accordance with law. If it is found that the land of the petitioners have been utilized by respondent No.5, that too since 2005, then appropriate compensation/rehabilitation and other benefits along with interest be provided after adopting the due procedure of law, within 90 days from the date of receipt/submission of a copy of this Order. 7. With the aforesaid observation(s), and direction(s) the instant petition is hereby disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini