KOMA BHAGAT vs STATE OF CHHATTISGARH

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CGHC010413922026 2026:CGHC:45433
Digitally
signed by
YOGESH
TIWARI
Date:
2026.10.28
18:00:46
+0530
YOGESH
TIWARI
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5411 of 2026
1 - Koma Bhagat S/o Dhani Aged About 70 Years All R/o Village Natwar
Nagar, Tahsil Samri (Kusmi), District Balrampur Ramanujganj (C.G.)
2 - Jeet Narayan S/o Chhotan Aged About 32 Years All R/o Village
Natwar Nagar, Tahsil Samri (Kusmi), District Balrampur Ramanujganj
(C.G.)
3 - Jageshwar Ram S/o Nagaram Aged About 63 Years All R/o Village
Natwar Nagar, Tahsil Samri (Kusmi), District Balrampur Ramanujganj
(C.G.)
4 - Lalaram S/o Pokala Aged About 55 Years All R/o Village Natwar
Nagar, Tahsil Samri (Kusmi), District Balrampur Ramanujganj (C.G.)
5 - Ganesh Uraon S/o Deep Narayan Uraon Aged About 35 Years All
R/o Village Natwar Nagar, Tahsil Samri (Kusmi), District Balrampur
Ramanujganj (C.G.)
6 - Sanjay Uraon S/o Chenga Aged About 40 Years All R/o Village
Natwar Nagar, Tahsil Samri (Kusmi), District Balrampur Ramanujganj
(C.G.)
7 - Komal Sai Maheshwar Ram Aged About 22 Years All R/o Village
Natwar Nagar, Tahsil Samri (Kusmi), District Balrampur Ramanujganj
(C.G.)
8 - Vindeshwar S/o Anganu Aged About 58 Years All R/o Village Natwar
Nagar, Tahsil Samri (Kusmi), District Balrampur Ramanujganj (C.G.)
9 - Anima D/o Firturam Aged About 28 Years All R/o Village Natwar
Nagar, Tahsil Samri (Kusmi), District Balrampur Ramanujganj (C.G.)
... Petitioners

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versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Water
Resources Department, Mantralaya, Mahanadi Bhawan, Atal Nagar
Raipur, District Raipur (C.G.)
2 - Superintending Engineer Water Resources Division, Balrampur,
District Balrampur Ramanujganj (C.G.)
3 - Sub Divisional Officer Water Resources Division, Kusmi, District
Balrampur Ramanujganj (C.G.)
4 - Executive Engineer Water Resources Division, Balrampur, District
Balrampur Ramanujganj (C.G.)
5 - Collector District Balrampur Ramanujganj (C.G.)
6 - Sub Divisional Officer (R) / Land Acquisition Officer, Kusmi, District
Balrampur Ramanujganj (C.G.)
... Respondents
(Cause-title taken from Case Information System)
For Petitioners : Mr. Sushobhit Singh, Advocate
For State : Mr. Amit Nayak, P.L.
Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board
28.10.2026
1. By filing the present writ petition, the petitioners seek a direction to
the respondent authorities to conclude the pending land
acquisition proceedings in respect of their lands acquired for the
construction of Benganga Jalashay Yojana at Village Natwar
Nagar, Block Kusmi, District Balrampur-Ramanujganj (C.G.), and
to pass the final award and disburse compensation in accordance
with the provisions of the Right to Fair Compensation and

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Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013. The petitioners have prayed for following relief(s):-
“10.1. That, this Hon'ble may kindly be
pleased to issue appropriate writ, order,
direction and direct the respondent authorities
to conclude the pending acquisition
proceedings and pass final award disburse
compensation in favour of petitioners within
stipulated period of time.
10.2. That, this Hon'ble Court may kindly be
pleased to issue appropriate writ, order,
direction in the nature of mandamus directing
the respondents to perform their duties as per
RFCTLARR Act, 2013 and grant suitable
compensation after due compliance with the
provisions of Section 26, Section 29, Section
30 read with Schedule I of the 'Act of 2013'.
10.3. That, this Hon'ble Court may kindly be
pleased to issue suitable writ, order, direction
directing the respondents to perform their
duties as per Section 80 of the RFCTLARR
Act, 2013 and grant interest from the year
2014 till the actual payment of compensation
to the petitioners.
10.4. That, this Hon'ble Court may kindly be
pleased to grant any other relief as it may
deems fit and appropriate. ”
2. Learned counsel for the petitioners submits that the case of the
petitioners is squarely covered by the order dated 20.12.2024
passed by the coordinate Bench of this Court in WPC No.

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6273/2024. He further submits that the only difference between
the aforesaid case and the present case is the name of the village,
whereas the project in question, namely, Benganga Jalashay
Yojana, is the same. It is contended that the respondent
authorities have taken possession of the petitioners' lands in the
year 2014, but the acquisition proceedings have not been brought
to their logical conclusion and the petitioners have not been paid
compensation till date. Learned counsel, therefore, prays that the
present writ petition may also be disposed of in terms of the order
passed by the coordinate Bench of this Court in WPC No.
6273/2024, on the ground of parity.
3. Learned State counsel concurs with the submissions made by
learned counsel for the petitioners and submits that the present
writ petition may also be disposed of in terms of the order dated
20.12.2024 passed by the coordinate Bench of this Court in WPC
No. 6273/2024.
4. Having considered the submissions made by learned counsel for
the parties, it appears that the petitioners are seeking relief in
respect of the land acquisition proceedings initiated for the
construction of Benganga Jalashay Yojana and are seeking
completion of the acquisition proceedings and payment of
compensation in accordance with law. Since the parties submit
that the issue involved in the present writ petition is similar to the
issue considered by the coordinate Bench of this Court in WPC

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No. 6273/2024, decided on 20.12.2024, it would be appropriate to
reproduce the relevant directions issued therein:
“2. Learned counsel appearing for the
petitioners submits that the petitioners are
resident of Ghutaradeeh, Tahsil Samari
Kusmi, District Balrampur-Ramanujganj. The
petitioners are the owners of land as
mentioned in the description of the petitioners
in the cause title. The land of the petitioners
came under the sub-merged area of
"Benganga Jalashya Yozna". Based on the
representation made and also considering the
fact that the land of petitioners along with
other villagers got sub-merged, the
proceedings of land acquisition were initiated.
It is contended that the respondent authorities
also conducted spot verification and prepared
a list of affected persons indicating the name
of affected persons under the "Benganga
Jalashya Yozna". He further contended that
the name of the village "Ghutaradeeh" is also
included in the list of villages from which the
lands were acquired. It is next contended that
the petitioners submitted oral as well as
written representations requesting the
respondent authorities to pass an award in
favour of the affected persons with respect to
the land acquired of the villages mentioned
therein. However, till date, the land acquisition
proceedings has not been completed and the
petitioners have not been paid the amount of
compensation, to which they are entitled.

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Therefore, he prays that a suitable direction
be issued to the respondents to conclude the
land acquisition proceeding and pay the
amount of compensation at the earliest.
3. Learned counsel for the State would submit
that if direction is issued to the respondents to
conclude the land acquisition proceedings
based on the documents placed on record, it
shall be complied with in accordance with law.
4. I have heard learned counsel appearing for
the parties and perused the documents placed
on the record.
5. From a perusal of the documents and facts
narrated by the petitioners, it appears that the
land of the petitioners came under the sub-
merged area of "Benganga Jalashya Yozna".
Also, the petitioners have filed the revenue
documents showing the land recorded in their
names. It is apparent that till date, neither the
land acquisition proceeding has been
completed nor the award has been granted
nor compensation has been granted.
6. Given the above-facts, without commenting
anything on the merits of the case, at this
stage, this petition is disposed of directing the
respondents to conclude the land acquisition
proceedings and pay the amount of
compensation to the petitioners in accordance
with law, if their lands are acquired and
affected in the water reservoir project, at the
earliest, preferably within a period of six

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months from the date of receipt of copy of this
order.
7. With the aforesaid observations &
directions, the writ petition stands disposed
of.”
5. Having regard to the submissions made by learned counsel for the
parties and considering that the issue involved in the present writ
petition is similar to the one decided by the coordinate Bench of
this Court in WPC No. 6273/2024, vide order dated 20.12.2024,
this Court finds it appropriate to dispose of the present writ petition
in similar terms. Accordingly, the respondent authorities are
directed to conclude the land acquisition proceedings and pay
compensation to the petitioners in accordance with law, if their
lands have been acquired and affected by the Benganga Jalashay
Yojana, at the earliest, preferably within a period of six months
from the date of receipt of a copy of this order.
6. With the aforesaid observations and directions, the present writ
petition stands disposed of.
Sd/- Sd/-
(Amitendra Kishore Prasad)
Judge
Yogesh