Chhattisgarh High Court

Rejection of mutual consent purchase necessitates formal land acquisition proceedings under the Act of 2013.

HARPAL SINGH vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: March 23, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners, owners of land situated in Dongargarh, District Rajnandgaon, challenged the State's attempt to acquire their property

Source reference: para. 1

On 09.02.2026, the Collector (Respondent No. 2) issued proposals to purchase the subject land under the Chhattisgarh Mutual Consent Purchase Policy, 2016

Source reference: para. 2

The petitioners formally declined these proposals on 16.02.2026; however, they alleged that the State authorities continued to compel them to accept the offers and were attempting to initiate construction on the land without following statutory acquisition procedures

Source reference: para. 2

Consequently, the petitioners approached the High Court seeking a writ of mandamus to compel the State to acquire the land strictly under the provisions of the 2013 Act

Source reference: para. 1
02

Issues

1. Whether the State is mandated to initiate land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 following the petitioners' rejection of a proposal under the Chhattisgarh Mutual Consent Purchase Policy, 2016?

Source reference: para. 3-5
03

Law Applied

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Source reference: para. 1, 3

Chhattisgarh Mutual Consent Purchase Policy, 2016, as a voluntary alternative to formal acquisition that cannot be unilaterally enforced if a landowner declines the proposal

Source reference: para. 2-3
04

Reasoning

The petitioners argued that since they had explicitly rejected the mutual consent proposal, any further action by the State to occupy or build on the land without a formal award under the Act of 2013 would be arbitrary and illegal

Source reference: para. 2

During the proceedings, the State counsel, acting on instructions, clarified that because the petitioners had declined the mutual consent proposals, the State did not intend to act upon them further

Source reference: para. 3

The State provided an undertaking that it would instead proceed to acquire the subject land by following the mandatory statutory procedure prescribed under the Act of 2013

Source reference: para. 3

The Court, evaluating these submissions, determined that the State’s commitment to follow the 2013 Act effectively addressed the petitioners' primary grievance, rendering further adjudication on the merits unnecessary

Source reference: para. 5
05

Holding

The High Court of Chhattisgarh disposed of the petition in light of the State's undertaking to acquire the subject land strictly in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

The Court held that since the State conceded it would not act upon the proposals issued under the 2016 Policy and would instead follow the statutory acquisition process, no surviving grievance remained for the Court to resolve

Source reference: para. 5-6

All pending interlocutory applications were similarly disposed of

Source reference: para. 7
Chhattisgarh High Court

Original Court PDF

HARPAL SINGHvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · March 23, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment