Disposed

Amit Kumar Agrawal v. State of Chhattisgarh

Chhattisgarh HC12 Jul 2026WPC/3704/2023

Case brief

AI extract

What is this about?

Petitioner whose land was acquired sought release of rehabilitation and resettlement annuity denied by the competent authority. The court directed him to file a fresh representation disclosing the earlier application; the authority must decide his eligibility under the Act of 2013 with a reasoned order and disburse admissible annuity within 90 days.

What the court decided

AI extract

Amit Kumar Agrawal Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2026)

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CGHC010252252023 2026:CGHC:29528

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 3704 of 2023

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Digitally ABHIGYA signed by SAXENA ABHIGYA SAXENA

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1 - Amit Kumar Agrawal S/o. Shri Ramdev Prasad Agrawal, Aged About 38 Years R/o. Raigarh Road Pathalgaon, Tehsil Pathalgaon, District Jashpur Chhattisgarh.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

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2 - Collector Jashpur, District Jashpur Chhattisgarh.

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3 - Sub Divisional Officer (R)/competent Authority Pathalgaon, District Jashpur Chhattisgarh.

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4 - Tahsildar Pathalgaon, District Jashpur Chhattisgarh.

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5 - National Highways Authority Of India, Through Its Chief Engineeer, P.W.D. (Nhdp-Iv) Raipur, District Raipur Chhattisgarh.

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... Respondent(s)

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For Petitioner(s) : Mr. Surfaraj Khan, Advocate For Respondent(s) : Mr. Saumitra Kesharwani, Panel Lawyer

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Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

13.07.2026

This petition has been filed by the petitioner seeking for the following relief(s):-

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“10.1. That, this Hon'ble Court may kindly be pleased to issue suitable writ (s), order (s), direction (s) by quashing the impugned order dated 07/03/2023 (Annexure P-7) and further directing the respondent authorities, particularly respondent no. 3 to pay/disburse the R & R Annuity payable, as prescribed under Schedule II & Schedule IV of the Land Acquisition Act, 2013, unto the petitioner, within a time frame.

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10.2. That, this Hon'ble Court may kindly be pleased to pass any other relief that this Hon'ble Court may please deem fit and proper.

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10.3. That, this Hon'ble Court may kindly be pleased to call the records from the respondents. ”

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The petitioner has preferred the present writ petition assailing the order dated 07.03.2023 passed by the Office of Respondent No. 3, whereby the petitioner's claim has been rejected. The petitioner is also aggrieved by the inaction on the part of the respondent authorities in failing to release the annuity payable to him despite the acquisition of his land. It is the case of the petitioner that the land bearing Khasra Nos. 497/1, 497/4, 498/1 and 496/1,

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admeasuring 0.201 hectares, situated at Village Madanpur Injako, Tehsil Pathalgaon, District Jashpur, Chhattisgarh, was acquired by the respondent authorities. Notwithstanding such acquisition, the petitioner has been deprived of the annuity benefits to which he claims entitlement. Accordingly, the petitioner has challenged the order dated 07.03.2023 and seeks appropriate directions to the respondent authorities for release of the annuity in accordance with law.

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Learned counsel for the petitioner submits that although the award has already been passed in respect of the acquired land, the petitioner has not been extended the benefit of annuity as contemplated under Schedules II and IV of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, "the Act of 2013"). He submits that the respondent authorities are under a statutory obligation to pay the annuity and other rehabilitation and resettlement benefits admissible under the provisions of the Act of 2013. However, despite the acquisition of the petitioner's land and passing of the award, the aforesaid statutory benefits have not been released in his favour. Being aggrieved by the denial of the said benefits, the petitioner has been constrained to invoke the extraordinary writ jurisdiction of this Court by filing the present petition.

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Learned State counsel submits that a perusal of the impugned order does not disclose as to whether the petitioner's claim for

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payment of annuity and other benefits under Schedules II and IV of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been considered by the competent authority. It is, therefore, submitted that the order is silent on the aforesaid aspect.

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I have heard learned counsel for the parties and perused the documents available on record.

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Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the respective parties, and without expressing any opinion on the merits of the controversy, this Court finds that although the petitioner's claim has already been considered by the competent authority, the specific issue regarding his entitlement to annuity under the Rehabilitation and Resettlement Scheme has not been adverted to.

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Accordingly, the petitioner is granted liberty to submit a fresh representation/application before the competent respondent authority specifically claiming the Rehabilitation and Resettlement (R & R) Annuity payable under Schedules II and IV of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In the said application, the petitioner shall also disclose that an earlier application in respect of the same acquisition has already been submitted before the competent authority. The aforesaid application shall be

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filed within a period of 15 days from the date of receipt of a certified copy of this order. Upon receipt of such application, the competent respondent authority shall consider and decide the petitioner's claim strictly in accordance with the provisions of the Act of 2013 and the Rules applicable thereto, after examining his eligibility for grant of the R & R Annuity. If the petitioner is found entitled to the said benefit, the competent authority shall pass a reasoned and speaking order and ensure disbursement of the admissible annuity amount in accordance with law within a period of 90 days from the date of submission of the fresh application.

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With these observation and direction this petition is disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Saxena

Amit Kumar Agrawal v. State of Chhattisgarh

Case brief

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Amit Kumar Agrawal v. State of Chhattisgarh

Case brief

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