Omprakash Patel v. State of Chhattisgarh

Order on Board

12.10.2026

¶1The petitioners have filed the instant petition seeking following reliefs:- "10.1 That, this Hon'ble court may kindly be pleased to direct the respondents for conducting spot inspection and once it is found that the land of the petitioners are coming under submergence they may be directed to initiate acquisition proceeding as per Provision of Act, 2013 and conclude the same by paying compensation within time frame.

10.2 That this Hon'ble court may kindly be pleased to direct the respondent for also granting interest under Section 80 of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Act, 2013 from the date of dispossession and also grant benefit under Section 30 (3) of Act, 2013.

10.3 That this Hon'ble court may kindly be pleased to direct the respondent for also granting additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 from the date of dispossession.

10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioners. An affidavit is filed herewith in support of this petition.

¶2Learned counsel for the petitioners submits that the petitioners are the owners of land bearing Khasra Nos. 905/7, 750/2, 905/8, 837, 831/1, 242/3, 254/8, 285/8 and 263/3, admeasuring 0.0240,

0.1290, 0.0240, 0.0810, 0.6480, 0.0770, 0.0120, 0.1010 and

0.1410 hectares, respectively, situated at Village Kekarabhat and Kabaripali, Tahsil Dabhara, District Sakti. It is further submitted that after construction of the Ghatoi Dam, a portion of the petitioners' agricultural land has come under the submergence area of the said Dam. However, no acquisition proceeding has been drawn with respect to the petitioners' land falling under the submergence area. Therefore, it is prayed that at this stage liberty may be granted to the petitioners to file a fresh representation for redressal of their grievances and a direction be issued to the respondent authorities to decide the representations, initiate acquisition proceedings and grant compensation to the petitioners.

¶3Learned State counsel submits that the present petition may be disposed of with appropriate direction, however, if the petitioners are seeking indulgence of this Court, then they should file appropriate applications before the concerned authorities.

¶4Having considered the limited prayer made by counsel for petitioners, without entering into the merits of the case, this petition is disposed of granting liberty to the petitioners to file a fresh representations before respondent authorities along with all necessary documents and a copy of this order, within a period of 15 days from today. In the eventuality of filing such representation by the petitioners, the respondent authorities are directed to get demarcated the subject lands of petitioners within a further period of 45 days from the date of filing of representation, and if it is found that the said lands of petitioners have come in submergence/affected area of the said Dam, then appropriate proceedings be initiated for grant of compensation to the petitioners.

¶5The aforesaid proceedings with regard to acquisition and grant of compensation be concluded within a further period of 90 days from the date of demarcation of aforesaid lands of petitioners.

¶6With the aforesaid observations and directions, this writ petition stands disposed of SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL

CGHC010395762026 2026:CGHC:44012 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5199 of 2026 1 - Omprakash Patel S/o Late Mohanlal Aged About 49 Years R/o Village Kabaripali, Tehsil - Dabhara, District Sakti Chhattisgarh 2 - Mahadev S/o Raghuver Aged About 59 Years R/o Village Kekrabhatha, Tehsil - Dabhara, District Sakti Chhattisgarh 3 - Chandrakant S/o Ramkumar Aged About 24 Years R/o Village Kekrabhatha, Tehsil - Dabhara, District Sakti Chhattisgarh 4 - Kartikram S/o Kunuram Aged About 54 Years R/o Village Kekrabhatha, Tehsil - Dabhara, District Sakti Chhattisgarh 5 - Narendra Singh S/o Dev Prasad Aged About 40 Years (Caste Schedule Tribe) R/o Village Kekrabhatha, Tehsil - Dabhara, District Sakti Chhattisgarh 6 - Yogitnarayan Patel S/o Late Netram Patel Aged About 70 Years R/o Village Kabaripali, Tehsil - Dabhara, District Sakti Chhattisgarh 7 - Jeevan Lal Patel S/o Late Koushal Prasad Aged About 64 Years R/o Village Kabaripali, Tehsil - Dabhara, District Sakti Chhattisgarh 8 - Karmu Baghel S/o Late Aasha Ram Aged About 76 Years (Caste Schedule Tribe) R/o Village Kabaripali, Tehsil - Dabhara, District Sakti Chhattisgarh Digitally signed by AMIT PATEL ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur Chhattisgarh 2 - Secretary Department Of Water Resource, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur, Chhattisgarh 3 - Secretary Department Of Finance, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur Chhattisgarh 4 - Collector Sakti District Sakti Chhattisgarh 5 - Sub Divisional Officer (R) Cum Land Acquisition Officer Dabhara, District Sakti Chhattisgarh 6 - Engineer In Chief Water Resource Department Shivnath Bhawan New Raipur District Raipur Chhattisgarh 7 - Chief Engineer Hasdev Kachhar Water Resource Department Bilaspur District Bilaspur Chhattisgarh 8 - Executive Engineer Water Resource Department Janjgir Division Head Office At Champa, District Janjgir Champa Chhattisgarh ... Respondent(s) (Cause title is taken from CIS Periphery.) For Petitioners : Mr. Pranjal Agrawal, Advocate. For State : Mr. Abhishek Gupta, PL Hon'ble Mr. Justice Amitendra Kishore Prasad