Authorities must demarcate allegedly submerged land and initiate compensation proceedings if found affected.

The petitioner, aged 67 years, claimed ownership of land bearing Khasra Nos. 242/4 and 267/1, admeasuring 0.0770 and 0.0490 hectares respectively, situated at Village Kabaripali, Tahsil Dabhara, District Sakti.

He asserted that, following construction of the Ghatoi Dam, a portion of his agricultural land had come within the dam’s submergence area, but no land-acquisition proceedings had been initiated in respect of that portion.

He sought directions for spot inspection, initiation and conclusion of acquisition proceedings, payment of interest under Section 80, and additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

During the hearing, the petitioner limited his prayer to liberty to submit a fresh representation and a direction to the authorities to consider it and take consequential action.

The State did not oppose disposal of the petition with appropriate directions, subject to the petitioner first approaching the competent authorities.

Whether the petitioner should be granted liberty to submit a fresh application concerning alleged submergence of his land due to the Ghatoi Dam, without the Court entering into the merits.

Whether the respondent authorities should be directed to demarcate the petitioner’s land and, if it is found to be within the dam’s submergence or affected area, initiate acquisition and compensation proceedings in accordance with law.

The Court applied the procedural principle that where a disputed factual claim—such as whether particular land falls within a project’s submergence area—requires verification by the competent authorities, the writ court may direct the claimant to submit a proper representation with supporting documents and require the authorities to undertake demarcation and act in accordance with due process of law.

The petitioner relied upon Sections 80 and 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for interest and additional compensation; however, the Court did not adjudicate the applicability or entitlement under those provisions and left the matter to the statutory authorities after factual verification.

The Court noted that the petitioner’s claim depended upon factual determination of whether his specific land was affected by or submerged due to the Ghatoi Dam.

Since the petitioner sought only limited procedural relief and the State agreed to appropriate directions, the Court declined to examine the merits or directly order acquisition and compensation.

Instead, it required the petitioner to file a fresh application with all necessary documents and a copy of the order.

The authorities were directed to demarcate the land within 45 days of the application, following due process.

If the demarcation established that the land fell within the dam’s submergence or affected area, the authorities were required to initiate appropriate compensation proceedings.

Such acquisition and compensation proceedings were to be concluded within a further 90 days from the date of demarcation.

The petitioner was granted liberty to file a fresh application before the respondent authorities within 15 days, accompanied by the necessary documents and a copy of the order.

The authorities were directed to undertake demarcation within 45 days of filing and, if the land was found to be within the Ghatoi Dam’s submergence or affected area, to initiate appropriate acquisition and compensation proceedings.

Those proceedings were to be completed within a further 90 days from demarcation.