Authorities must inspect dam-affected lands and initiate compensation proceedings if submergence is established.

The petitioners claimed ownership or joint ownership of lands situated at Villages Kabaripali and Kekrabhat, Tehsil Dabhra, District Sakti, Chhattisgarh. They alleged that portions of their lands had come, or were likely to come, under submergence due to construction of the Ghatoi Dam by the Water Resources Department, affecting their ability to cultivate the lands.

The petitioners submitted representations to the Sub-Divisional Officer (Revenue)-cum-Land Acquisition Officer seeking spot inspection, demarcation, and compensation, but alleged that no inspection or decision had been undertaken.

They also asserted that similarly situated landowners affected by the same project had received compensation after inspection.

Relying on Article 300-A of the Constitution, Sections 80 and 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“2013 Act”), and certain earlier judicial orders, the petitioners sought inspection, acquisition, compensation, interest, and additional compensation.

The State submitted that the petition could be disposed of with appropriate directions, but contended that the petitioners should first approach the competent authorities with a proper application.

1. Whether the respondent authorities should be directed to conduct spot inspection and demarcation to determine whether the petitioners’ lands had been submerged or affected by the Ghatoi Dam and, if so, initiate lawful acquisition and compensation proceedings.

2. Whether the petitioners were entitled to interest under Section 80 and additional compensation under Section 30(3) of the 2013 Act from the alleged date of dispossession.

3. Whether the Court could grant the substantive compensation-related reliefs without first adjudicating the factual question of submergence and completing the statutory determination by the competent authorities.

Article 300-A of the Constitution protects the right to property and prohibits deprivation of property except by authority of law.

Where land is acquired or affected for a public project, compensation must be determined and paid in accordance with the applicable statutory acquisition framework, including the 2013 Act.

Section 80 of the 2013 Act concerns interest payable on compensation in cases of delayed payment, while Section 30(3) concerns additional compensation as provided by the Act.

The Court also took note of the petitioners’ reliance on Gayabai Digambar Puri (Died) through LRs. v. The Executive Engineer & Others and an earlier order in W.P.(C) No. 1792 of 2026, but did not finally adjudicate the petitioners’ entitlement under those authorities.

Factual determination of submergence, demarcation, and the consequential acquisition and compensation liability was left to the competent authorities in accordance with law.

The Court did not decide whether the petitioners’ lands had in fact been submerged or whether they were entitled to interest or additional compensation.

Since the petitioners’ claim required factual verification through spot inspection and demarcation, and the State accepted that appropriate directions could be issued, the Court considered it appropriate to require the petitioners to submit a fresh application with supporting documents.

The authorities were then directed to conduct inspection and demarcation within the prescribed period.

If the inspection established that the lands were submerged or fell within the affected area of the Ghatoi Dam, the authorities were required to initiate appropriate compensation proceedings under the applicable law.

The Court thereby preserved the petitioners’ statutory claims while avoiding a premature determination of disputed factual and compensation issues.

Upon such filing, the respondent authorities were directed to conduct spot inspection and demarcation within 45 days.

If the lands were found to be submerged or situated within the Dam’s affected area, the authorities were directed to initiate appropriate proceedings for payment of compensation.

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

No final determination was made regarding entitlement to interest under Section 80 or additional compensation under Section 30(3) of the 2013 Act.