1 2026:CGHC:16855 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1689 of 2026 1 - Gopal Singh Dhurvey S/o Jethu Singh Dhurvey Aged About 46 Years R/o Village- Visheshara Tahsil- Pandaria District- Kabirdham (C.G.) 2 - Jethu Singh Dhurvey S/o Barbari Singh Aged About 67 Years R/o Village- Visheshara Tahsil- Pandaria District- Kabirdham (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur (C.G.) 2 - The Collector Kabirdham Collectorate Office Of District Kawardha, District- Kabirdham (C.G.) 3 - The Sub Divisional Officer Pandaria District- Kabirdham (C.G.) 4 - The Tahsildar Pandaria, Tahsil- Pandaria, District- Kabirdham (C.G.) 5 - The Managing Director Bhoramdev Sahkari Shakkar Utpadak Karkhana Ramhepur Post Ramhepur Tahsil- Kawardha, District- Kabirdham (C.G.) 6 - The Deputy Registrar Cooperative Societies Darripara Kawardha, District- Kabirdham (C.G.) ... Respondents For Petitioners : Ms. Sharmila Singhai, Sr. Advocate with Ms. Gayatri Sahu, Advocate For Respondents 1 to 4/State : Mr. Amit Nayak, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 13.4.2026 1. The petitioners have preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.15 10:23:59 +0530 2 10.1 This Hon'ble Court may kindly be pleased to quash the impugned notice dtd. 14.11.2015 and impugned order dtd. 5.1.2015 only in respect of the petitioners land. [vide Annexure P-1 and P-2]. 10.2 Further, the Hon'ble Court may kindly be pleased to suitable direct the respondents to take appropriate decision with in appropriate periods to pay compensation as per the the Right to fair compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 with interest including loss of cultivation due not handing the possession over the exchanged land and taking possession of the petitioner's land since 2014. 10.3 That, this Hon'ble Court may kindly be pleased to call for the entire records. 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 Sr. counsel appearing for the petitioners submits that the petitioners are poor labourers and marginalized agriculturists. They were recorded owners of land bearing Khasra No.7/1 area 1.456 hectare; Khasra No.9 area 0.563 hectare; Khasra No.23/1 area 0.174 hectare; total 2.202 hectares, situated at village Laduva, Tahsil Pandariya, Distt. Kabirdham. It is submitted that aforesaid land of the petitioners have been utilized by the respondents for construction of sugar factory namely Sardar Vallabhai Patel Sugar Factory in the year 2014. At the relevant time, the Tahsildar Pandariya vide Annexure-P/1, issued proclamation stating that in lieu of the private land of the villagers so utilized, Government land would be allotted to them in exchange. However, till date, neither any Government land has been allotted to the petitioners nor any compensation has been paid to them. Therefore, the petitioners filed representations dated 05.5.2025 (Annexure-P/6) before 3 the Collector, Distt. Kabirdham seeking redressal of their grievance, but the same has not been decided yet. Therefore, learned Sr. counsel appearing for the petitioners submits that this petition may be disposed of at this stage directing respondent No.2/Collector, Kabirdahm to consider and decide the representations of the petitioners within stipulated period. 3. Learned counsel for the State has no objection if the prayer of the petitioners is allowed. 4. I have heard learned counsel for the parties and perused the material available on record. 5. It is surprising that in the year 2014, a proclamation was issued by the Tahsildar, Pandariya that in lieu of the private land used for construction of sugar factory, Government land would be given to the affected persons in exchange. However, as contended by learned Sr. counsel, even after a lapse of more than 10 years, neither they have been given any land in exchange nor any compensation has been paid. 6. Though property right is not a fundamental right, but it is still a constitutional right under Article 300A of the Constitution of India. Therefore, no person shall be deprived of his property without following due process of law and without providing compensation, rehabilitation etc. If the petitioners’ land have been utilized for construction of the aforesaid factory, then they are entitled to get compensation. Therefore, having considered the limited prayer of the petitioners, without entering into the merits of the case, this petition is disposed of at this stage, directing respondent No.2/the Collector, Kabirdham to decide the applications/representations dated 05.5.2025 (Annexure-P/6) filed by the petitioners as early as possible, preferably within a period of 60 days from the date of receipt of a copy of this order. 4 7. With aforesaid observation and direction, this petition stands disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini