Lalan Prasad Patel Vs State of Chhattisgarh

¶1

1

¶2

Digitally
signed by
RUKHSAR
RUKHSAR BANO
BANO Date:
2026.03.03
17:29:19
+0530

¶3

2026:CGHC:10992

¶4

NAFR

¶5

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

WPC No. 935 of 2026

¶7

1 - Lalan Prasad Patel S/o Gajranjan Singh Patel Aged About 63 Years Village And Post Sapos, Thana And Tehsil- Dabhra, District- Sakti, Chhattisgarh

¶8

2 - Dinesh Kumar Patel S/o Lalan Prasad Patel Aged About 40 Years Village And Post Sapos, Thana And Tehsil- Dabhra, District Sakti, Chhattisgarh

¶9

... Petitioners

¶10

versus

¶11

1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh

¶12

2 - Collector Sakti District Sakti, Chhattisgarh

¶13

3 - Sub Divisional Officer (Revenue) Dabhra District Sakti, Chhattisgarh

¶14

4 - Executive Engineer Water Resources Survey And Barrage Construction Division No. 1, Kharsiya, Dist. Raigarh, C.G.

¶15

5 - Sub Divisional Officer Water Resources Survey And Barrage Construction Sub Division No. 1, Dabhra, Dist. Sakti C.G.

¶16

... Respondents

¶17

(Cause-title, as taken from CIS System)

¶18

For Petitioners : Mr. Dhani Ram Patel, Advocate. For State : Mr. Shreyansh Mehta, Panel Lawyer.

¶19

(Hon'ble Shri Justice Naresh Kumar Chandravanshi)

¶20

Order on Board

¶21

03/03/2026

¶22

The petitioners have preferred this writ petition (civil) under Article 226

¶23

2

¶24

of the Constitution of India seeking following reliefs :-

¶25

“10.1 That, this Hon'ble Court may kindly be pleased to call for the records of the case for kind perusal of this Hon'ble Court.

¶26

10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to grant compensation in lieu of the Khasra No. 1864/1 and 1864/2, Rakeba 0.16 acres and 0.10 acres Total 0.26 acres of land situated at Patwari H.No. 28, Revenue Mandal Saposh, Tehsil Dabhra, Distt. Sakti, C.G. came under submergence in the year 2018 in by the State Government, under the Saradih Barage.

¶27

10.3 That, this Hon'ble Court may kindly be pleased to direct to pay interest on the said amount 15% from the date of submerge on 2018 till the actual date of its realisation as per the provisions of Section 30 & 80 of the Right to Fair Compensation and Transparency in Land Acquisition, rehabilitation and Resettlement Act, 2013.

¶28

10.4. Any other relief deemed fit in the facts and circumstances of the case may also be granted.”

¶29

Learned counsel for the petitioners submits that the petitioners are the recorded owners of land bearing Khasra Nos.1864/1, Rakba 0.16 acres, and 1864/2, Rakba 0.10 acres, having a total area of 0.26 acres, situated at Village Saradih, P.H. No.28, Revenue Mandal Saposh, Tehsil Dabhra, District Sakti (CG). He further submits that the aforesaid land of the petitioners was submerged in the construction of Saradih Barage in the year 2018. He further submitted that the petitioners have filed various applications before the respondent authorities, but the same have not been decided yet, and no compensation has been paid to them. Hence, learned counsel prays that, at this stage, the present petition may be disposed of with a direction to the Collector/Land Acquisition Officer, Sakti, District Sakti,

¶30

3

¶31

to decide the application dated 11.04.2025 filed by petitioners within a stipulated period.

¶32

In reply, learned State counsel submits that the petitioners have not filed any document, such as a demarcation report etc., to demonstrate the fact that their land has been submerged in the said Barage. Rather, as per the report dated 16.12.2025 submitted by the Sub-Divisional Officer, Water Resources Survey and Barrage Construction, Sub Division No.1, Dabhra, Distt. Sakti, the said land of the petitioners had already been submerged in the river prior to construction of the Saradih Barage , therefore, the present writ petition deserves to be rejected.

¶33

Heard learned counsel for the parties and perused the material available on record.

¶34

Though, vide communication dated 16.12.2025, the SDO, Water Resources Survey and Barrage Construction, Sub Division No.1, Dabhra, Distt. Sakti, informed the petitioners that their land had been submerged in the river prior to construction of Saradih Barage, but it is the claim of petitioners that their land has been submerged in the said Barage . The petitioners are poor farmers, therefore, their grievance can be suitably redressed only after proper demarcation of the said land, then only it can be ascertained that whether the land has been submerged in the said Barage or in the river prior to its construction. Further, the right to property is a constitutional right envisaged under Article 300A of the Constitution of India, which provides that no person shall be deprived of his property without due process of law.

¶35

In view of the above, and considering the limited grievance of the petitioners, the present writ petition is disposed of at this stage directing

¶36

4

¶37

respondent No.2, the Collector, Sakti, to direct the concerned authority to get the aforesaid land of petitioners demarcated in accordance with law after registering revenue case. If it is found that the said land of petitioners has been submerged in the Saradih Barage , an appropriate order with regard to grant of compensation shall be passed in accordance with law. The aforesaid proceeding be carried out as early as possible, preferably within a period of 90 days from the date of receipt/submission of a copy of this order.

¶38

With the aforesaid observations and directions, this petition stands disposed of.

¶39

Pending interlocutory application(s), if any, also stands disposed of. No order as to cost(s).

¶40

Sd/- (Naresh Kumar Chandravanshi)

¶41

Rukhsar

Lalan Prasad Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Lalan Prasad Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Balajee Real Infra. Private Limited Vs State of Chhattisgarh

Manjhiram Sahare Vs State of Chhattisgarh

Ajay Gupta Vs State of Chhattisgarh

Smt Jhina Beck Vs Sunil Haribhau Pote

Smt. Kanchan Gaikwad Vs State of Chhattisgarh

Jai Mahalaxmi Mahila Swa Sahayata Samooh Vs State of Chhattisgarh