Authorities must demarcate allegedly submerged land and initiate compensation proceedings if acquisition is warranted.

The petitioner, aged about 81 years, claimed ownership of land bearing Khasra Nos. 159/4, 185/4 and 28/2, measuring 0.0109, 0.0200 and 0.0040 hectares respectively, situated at Village Kabaripali, Tahsil Dabhara, District Sakti, Chhattisgarh.

He alleged that, after construction of the Ghatoi Dam, portions of his agricultural land had fallen within the dam’s submergence area, but no acquisition proceedings had been initiated in respect of the affected land.

The petitioner sought directions for spot inspection, initiation and conclusion of acquisition proceedings, and 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 hearing, the petitioner confined his prayer to liberty to submit a fresh representation and for directions to the authorities to consider it and take consequential action.

The State did not oppose disposal of the petition with appropriate directions, while submitting that the petitioner should first approach the competent authorities.

Whether the petitioner should be granted liberty to submit a fresh application seeking demarcation and determination of whether his land falls within the Ghatoi Dam’s submergence or affected area?

Whether the respondent authorities should be directed to initiate acquisition proceedings and determine compensation if the petitioner’s land is found to be affected by the dam?

Whether the Court should directly grant or direct consideration of interest under Section 80 and additional compensation under Section 30(3) of the 2013 Act at this stage?

The Court applied the procedural principle that where the factual status of land allegedly affected by a public project requires verification, the claimant must first approach the competent administrative authorities with the relevant documents, and the authorities must undertake demarcation and act in accordance with law.

The Court also proceeded on the statutory framework of acquisition and compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including the provisions invoked by the petitioner—Section 80 concerning interest and Section 30(3) concerning additional compensation.

No precedent was cited, and the Court expressly declined to adjudicate the merits of the petitioner’s substantive claims.

The Court noted that the petitioner’s claim that his land had been submerged or affected by the Ghatoi Dam required factual verification through demarcation.

Since the petitioner sought only limited relief at the hearing, and the State accepted that the matter could be considered by the competent authorities, the Court did not determine ownership, actual submergence, entitlement to acquisition, or the applicability of Sections 80 and 30(3) of the 2013 Act on merits.

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

Upon receipt, the authorities were required to conduct demarcation after following due process, and, if the land was found to fall within the dam’s submergence or affected area, to initiate appropriate proceedings for compensation.

The acquisition and compensation process was required to be completed within the prescribed period following demarcation.

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

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

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

All other substantive claims, including interest under Section 80 and additional compensation under Section 30(3) of the 2013 Act, were left open for consideration in accordance with law.