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2026 DAILYLAW 580 (CHH)

HARPAL SINGH v. STATE OF CHHATTISGARH

WPC/1277/2026 · 2026-03-22

Shri Naresh Kumar Chandravanshi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:13843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1277 of 2026 1 - Harpal Singh S/o Pritam Singh Aged About 55 Years R/o Nazool Sheher- Dongargarh, Nazool Sheet No. 04, Area- Pathrinaka, Tehsil - Dongargarh, District- Rajnandgaon, C.G. 2 - Sandeep Singh S/o Sinderpal Singh Aged About 35 Years R/o Nazool Sheher- Dongargarh, Nazool Sheet No. 04, Area- Pathrinaka, Tehsil - Dongargarh, District- Rajnandgaon, C.G. 3 - Jasdeep Singh S/o Nirmal Singh Aged About 46 Years R/o Nazool Sheher- Dongargarh, Nazool Sheet No. 04, Area- Pathrinaka, Tehsil - Dongargarh, District- Rajnandgaon, C.G. 4 - Preetpal Singh S/o Nirmal Singh Aged About 46 Years R/o Nazool Sheher- Dongargarh, Nazool Sheet No. 04, Area- Pathrinaka, Tehsil - Dongargarh, District- Rajnandgaon, C.G. ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department (P W D), Nirman Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, C.G. 2 - Collector Rajnandgaon, District- Rajnandgaon, C.G. 3 - Sub-Divisional Officer (Revenue) Dongargarh, Tehsil- Dongargarh, District- Rajnandgaon, C.G. 4 - Executive Engineer (P W D) Nirman Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, C.G. 5 - Chief Engineer (P W D) Nirman Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, C.G. ... Respondents For Petitioners : Mr. Sushobhit Singh and Ms. Priyanshi Dubey, Advocates For Respondents/State : Mr. Vinay Pandey, Dy. Advocate General and Dr. Arham Siddiqui, Panel Lawyer BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.03.25 14:10:49 +0530 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 23.03.2026 1. The petitioners have preferred this petition under Article 226 of the Constitution of India, seeking following relief(s):- (a) Issue a writ in the nature of mandamus directing the respondent authorities to initiate and conduct acquisition proceedings strictly in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in respect of the lands belonging to the petitioners, originally forming part of Survey No. 411/2 (New Khasra No. 614), situated at Dongargarh, Area Pathrinaka, Tehsil - Dongargarh, District Rajnandgaon (C.G.), including the portions presently recorded as Survey Nos. 616/4, 616/5, 616/6, 616/9, 616/10 and 616/11. (b) Direct the respondents to follow the mandatory statutory procedure including Social Impact Assessment, publication of preliminary notification, consideration of objections, declaration of acquisition, determination of market value and passing of a final award in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (c) Issue an appropriate writ, order or direction quashing and setting aside the proposal/notice dated 09.02.2026 (Annexure P/1) issued under the Chhattisgarh Mutual Consent Purchase Policy, 2016, being arbitrary, unilateral and contrary to the statutory provisions of the Act of 2013. (d) Direct the respondents to determine the true and correct area sought to be acquired after proper demarcation in the presence of the petitioners and the revenue authorities. (e) Direct the respondents to determine and pay fair market value of the lands belonging to the petitioners along with all 3 statutory benefits including solatium, interest and rehabilitation and resettlement entitlements as provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (f) Direct the respondents to treat the entire affected portion of approximately 16,000 sq. ft. forming part of the lands belonging to the petitioners as private land of the petitioners and not as Nazool land, unless declared otherwise by a competent authority in accordance with law. (g) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 2. Learned counsel for the petitioners submits that respondent No.2 sent separate proposals dated 09.02.2026 [Annexure-P/1 (colly)] to the petitioners for the purchase of subject land under Chhattisgarh Mutual Consent Purchase Policy, 2016. He further submits that the said proposal were declined by the petitioners vide Communication dated 16.02.2026 (Annexure- P/9). Despite that, the respondents are compelling the petitioners to accept their proposals and they are further trying to start construction work on the subject land. 3. In reply, learned counsel for the State under instruction, submits that since the petitioners have declined the proposals, therefore, the respondents have not acted upon said proposal, rather the State will proceed to acquire the land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act 2013’). 4. Heard learned counsel for the parties and perused the material available on record 5. Having considered the submissions made by learned counsel for the 4 State that, in view of the non-acceptance of the proposal by the petitioners, the State authorities do not intend to act upon said proposals [Annexure-P/1(colly)], and shall instead proceed to acquire the subject land in accordance with the Act 2013, this Court finds that no surviving grievance remains for adjudication. 6. Accordingly, in light of the aforesaid submission and undertaking made on behalf of the State, the present petition stands disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini