1 2026:CGHC:16859 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1303 of 2021 1 - Doman Prajapati S/o Shri Ramvriksh Aged About 65 Years R/o Kochali, Block And Tahsil - Balrampur, Distt.- Balrampur-Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh 2 - Smt. Parwati Devi W/o Late Ramjatan Aged About 63 Years R/o Village- Dumarkhla, Block And Tahsil - Balrampur, Distt.- Balrampur- Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh 3 - Hendari Kujur S/o Daniyal Aged About 62 Years R/o Village- Kochali, Block And Tahsil - Balrampur, Distt.- Balrampur-Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh 4 - Dinesh S/o Parmeshwar Aged About 47 Years R/o Village- Dumarkhola, Block And Tahsil - Balrampur, Distt.- Balrampur- Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh 5 - Sudha Gupta S/o Permeshwar Aged About 30 Years R/o Village- Dumarkhola Block And Tahsil- Balrampur, Distt.- Balrampur- Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt.- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh Digitally signed by SHAYNA KADRI 2 2 - The Secretary Department Of Water Resources Mahanadi Bhawan, New Raipur, Distt.- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 3 - The Collector Balrampur, Distt.- Balrampur-Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh 4 - Sub-Divisional Officer (Revenue) Ramanujganj, Distt.- Balrampur- Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh 5 - Executive Engineer Water Resources Division No.-2 Ramanujganj, Distt.- Balrampur-Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh 6 - M/s Devnarayan Yadav Contractor Jail Road Babupara, Ambikapur, Distt. Surguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) (Cause Title is taken from CIS System) For Petitioners : Mr. A. N. Pandey, Advocate For State : Ms. Akanksha Verma, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/04/2026 1. The petitioners have filed this writ petition seeking following reliefs: “10.1 That, this Hon'ble court may kindly be pleased to restrain the respondent authorities to not make any construction/not made any other activities upon the subject land of the petitioners without initiating the procedure of Land Acquisition Act 3 10.2 That, this Hon'ble court direct the respondent authorities to pay the amount of compensation of the subject land with interest within stipulated period. 10.3 That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 2. The facts of the case, as gathered from the record, are that the petitioners are the owners and in possession of different parcels of agricultural land situated in Village Kochali, Tahsil Balrampur, District Balrampur-Ramanujganj (Chhattisgarh). Petitioner No.1 owns land bearing Khasra Nos. 413 and 470 admeasuring 0.36 and 0.49 hectares respectively. Petitioner No.2 owns land bearing Khasra No. 414 admeasuring 1.99 hectares. Petitioner No.3 owns land bearing Khasra Nos. 458, 466, 469 and 462 admeasuring 0.85, 0.52, 0.99 and 2.75 hectares respectively. Petitioner No.4 owns land bearing Khasra No. 468 admeasuring 0.81 hectares, and Petitioner No.5 owns land bearing Khasra No. 466 admeasuring 0.79 hectares. It is the case of the petitioners that the aforesaid lands are their ancestral properties, and their names have been duly recorded in the revenue records after proper mutation. The grievance of the petitioners arises from the fact that the respondent authorities have proposed construction of a canal and the Kochali Reservoir in Village Kochali, within which the 4 lands of the petitioners fall. It is alleged that without initiating any proceedings for acquisition of the petitioners’ lands and without determining or paying any compensation, Respondent No.5 sanctioned the construction work and issued a tender order dated 05.11.2020. Pursuant to the issuance of the tender, the executing agency commenced construction work on the lands of the petitioners. According to the petitioners, such construction activities have been undertaken without payment of compensation and without following due process of law, rendering the actions of the respondent authorities illegal, arbitrary, and contrary to established legal principles. It is further stated that the petitioners have made several representations to the respondent authorities requesting payment of compensation for their lands. However, despite repeated requests, no decision has been taken and no compensation has been paid to the petitioners. The petitioners have also relied upon a communication dated 02.07.2019 issued by Respondent No.4, the Land Acquisition Officer, Ramanujganj, addressed to Respondent No.5, calling for submission of proposal and details of the landholders for the purpose of payment of compensation. The said communication indicates that steps toward acquisition were contemplated; however, no award has been passed and compensation has not been disbursed to the petitioners till date, without any justifiable reason. In these circumstances, alleging inaction and illegal conduct on the part of 5 the respondent authorities, the petitioners have approached this Court by filing the present writ petition. 3. Learned counsel for the petitioners submits that the impugned action of the respondent authorities in proceeding with the proposed construction of a dam over a portion of the petitioners’ private land is wholly illegal, arbitrary and unreasonable. The respondents have neither issued any prior notice to the petitioners nor initiated any lawful acquisition proceedings. Further, no compensation whatsoever has been determined or paid in respect of the petitioners’ land, thereby rendering the entire action contrary to the settled principles of law and violative of the petitioners’ constitutional and legal rights. It is further submitted that the subject land is a duly recorded settlement property and the names of the petitioners stand mutated in the revenue records. Despite the petitioners being the lawful owners in possession, the respondent authorities have, without acquiring the land in accordance with law, unlawfully commenced construction activities, including that of a canal, over the petitioners’ land. Such high-handed action, undertaken without following due process and without payment of compensation, is ex facie arbitrary, unjust and unsustainable in the eyes of law. It is also submitted that the petitioners have made several representations before the competent authorities, requesting for payment of compensation and redressal of their grievances. However, no action has been 6 taken on the said representations till date. The inaction on the part of the respondents in deciding the petitioners’ claims and in failing to compensate them for the use of their land further demonstrates the arbitrary and indifferent approach adopted by the authorities. It is further submitted that even the office of respondent No. 4, namely the Land Acquisition Officer, Ramanujganj, had addressed a communication to respondent No. 5 seeking proposal and details of the landholders for the purpose of payment of compensation. Despite such initiation, no award has been passed till date and no compensation has been disbursed to the petitioners, without any justifiable reason. This unexplained delay and failure on the part of the respondents clearly establishes that the impugned action is illegal, arbitrary and contrary to law. In view of the aforesaid facts and circumstances, it is submitted that the respondents cannot be permitted to proceed with construction over the petitioners’ private land without following due process of law, including acquisition and payment of just compensation, and the present action deserves to be interfered with by this Court. 4. Learned State counsel would submit that the instant writ petition is wholly devoid of merit and substance and is liable to be dismissed at the threshold. The petitioners have sought compensation without there being any acquisition of their subject land. Throughout the petition, the petitioners have failed to establish the existence of any legally enforceable right in their favour for which 7 a writ of mandamus may be issued by this Court. In absence of any such accrued right, the relief as claimed is misconceived and untenable in law. It is further submitted that, as a matter of fact, no construction activity has been undertaken over the subject land of the petitioners. Any construction, if at all carried out, has been strictly confined to Government land. The lands of the petitioners have not been acquired till date for the purpose of construction of the canal and bund of Kochali Reservoir. Therefore, the contention raised by the petitioners that their lands have been utilized without payment of compensation is factually incorrect and misleading. In absence of acquisition proceedings, the question of payment of compensation does not arise. On this ground alone, the present petition deserves to be dismissed, more so when material facts have not been fairly disclosed by the petitioners. It is also submitted that the project in question is still at a preliminary stage and necessary steps are subject to administrative approval and allocation of funds. Although an agreement has been executed with Respondent No. 6 contractor for the proposed construction, the terms and conditions of the project specifically stipulate that compensation to affected landholders shall be paid prior to commencement of any construction activity on private land. It is further submitted that the Panchanama Report clearly evidences that the petitioners continue to be in possession of their respective lands and are actively cultivating crops thereon. This 8 itself demonstrates that neither possession has been taken nor have the lands been acquired by the respondent authorities. It is pertinent to submit that in the event the land of the petitioners is found to be required and is duly acquired in accordance with law for the said project, they shall be paid due and lawful compensation prior to commencement of any construction over their land. However, as on date, since no acquisition has taken place, the claim of the petitioners for compensation is premature and untenable. In view of the aforesaid facts and circumstances, it is submitted that the allegations made by the petitioners regarding acquisition of their land without compensation and commencement of construction thereon are baseless, unfounded and contrary to record. Consequently, the instant petition, being misconceived, is liable to be dismissed. 5. I have heard learned counsel for the parties and have perused the documents enclosed along with the petition. 6. The core dispute raised by the petitioners pertains to the allegation that their private land is being affected on account of the proposed construction of canal and Kochali Reservoir without acquisition and payment of compensation. On the other hand, the stand of the State authorities is that no acquisition proceedings have been undertaken till date and no construction has been carried out over the petitioners’ land, and that the petitioners continue to remain in possession of the same. 9 7. Considering the nature of the dispute and the rival submissions made by the parties, this Court is of the opinion that the controversy essentially involves determination of factual aspects, particularly with regard to whether the land of the petitioners falls within the area of the proposed reservoir or any construction has been undertaken over their land. Such disputed questions of fact cannot be conclusively adjudicated in exercise of writ jurisdiction under Article 226 of the Constitution of India without proper verification by the competent authorities. In the considered opinion of this Court, it would be appropriate to relegate the petitioners to the concerned authorities for redressal of their grievance. 8. Accordingly, the concerned authorities are directed to get the land in question demarcated and, if it is found that the land of the petitioners falls within the area of the said reservoir or any construction has been made thereupon, the authorities shall consider the claim of the petitioners in accordance with law and pass appropriate orders. The petitioners are directed to submit a fresh application before the competent authority, along with a copy of this order, within a period of 15 days from today. The petitioners shall also be at liberty to annex a copy of the present petition and all relevant documents along with such application. Upon receipt of such application, the concerned authorities shall consider and decide the same expeditiously, after affording due 10 opportunity of hearing to the petitioners and after taking into consideration the documents submitted by them. 9. It is further directed that, if required, proper demarcation of the land shall be carried out by the competent authorities to ascertain the exact position. The entire exercise, including consideration of the petitioners’ application and passing of a reasoned and speaking order, shall be completed within a period of 90 days from the date of submission of the application by the petitioners. 10. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall take an independent decision strictly in accordance with law. 11. With the aforesaid observations and directions, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge