Nafr High Court
Case Details
Page No.1 2025:CGHC:8473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3288 of 2017 1 - Homan Pardhi S/o Late Khorbahra, Aged About 45 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, Chhattisgarh 2 - Kishan Barle S/o Shri Om Prakash Barle, Aged About 32 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Sondas Barle S/o Shri Sapuran Barle, Aged About 56 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4 - Pavan Dahariya S/o Shri Atmaram, Aged About 28 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 5 - Om Prakash Barle S/o Shri Amoli Barle, Aged About 60 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 6 - Maniram Sahu S/o Late Thanu Sahu, Aged About 48 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
Legal Reasoning
7 - Naam Das Barman S/o Shri Anandram Barman, Aged About 48 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 8 - Surendra Singh S/o Shri Sukhchand, Aged About 27 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 9 - Santosh Kumar S/o Shri Hiraram, Aged About 40 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 10 - Awadhram Barle S/o Shri Om Prakash Barle, Aged About 39 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 11 - Budhram S/o Shri Kejau, Aged About 45 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh NISHA DUBEY Digitally signed by NISHA DUBEY Page No.2 12 - Mansingh S/o Shri Kastur, Aged About 45 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 13 - Aghan S/o Shri Bishat, Aged About 44 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 14 - Radhe S/o Shri Sarhu, Aged About 60 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 15 - Sadhram S/o Shri Manbodh, Aged About 45 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 16 - Ramadhin S/o Shri Nohru Nishad, Aged About 55 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 17 - Salikram S/o Shri Dinu Sahu, Aged About 36 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 18 - Indal Barman S/o Late Anandi Barman, Aged About 40 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 19 - Pankaj Jangde S/o Late Kheduram, Aged About 18 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 20 - Manharan Sahu S/o Late Manu Sahu, Aged About 53 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 21 - Shivkumar S/o Shri Ramaasra Raut, Aged About 48 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 22 - Manoj Kumar Sahu S/o Shri Santram Sahu, Aged About 37 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 23 - Sukhchandra Barman S/o Shri Jagtu Barman, Aged About 50 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 24 - Amar Singh Yadav S/o Bharosha Yadav, Aged About 58 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 25 - Birajobai Barman W/o Anandram Barman, Aged About 53 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 26 - Anandram Barman S/o Shri Sahasram Barman, Aged About 70 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur,Chhattisgarh Page No.3 27 - Tiwari Lal Pardhi S/o Shri Mannu Lal Pardhi, Aged About 44 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 28 - Lakhan Nishad S/o Shri Bodhi Nishad, Aged About 73 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 29 - Maniram Sahu S/o Shri Ramtu Sahu, Aged About 66 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 30 - Nilkant Yadav S/o Shri Nandu Yadav, Aged About 50 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 31 - Tularam Yadav S/o Shri Rajaram Yadav, Aged About 48 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 32 - Jivrakhan Sahu S/o Shri Ramtu Sahu, Aged About 70 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 33 - Tilak Ram Sahu S/o Shri Sukhram Sahu, Aged About 49 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 34 - Gangaram S/o Shri Gayaram, Aged About 65 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 35 - Harakhram S/o Shri Babulal, Aged About 57 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 36 - Budhyarin W/o Shri Bou Nishad, Aged About 72 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 37 - Girdhari Lal S/o Shri Khema, Aged About 73 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 38 - Hemant Kumar S/o Shri Satyadhari, Aged About 47 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 39 - Rameswar Prasad S/o Shri Mayaram, Aged About 70 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 40 - Santosh Yadav S/o Shri Asharam Yadav, Aged About 28 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 41 - Oman Singh S/o Shri Dariyav, Aged About 49 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh Page No.4 42 - Syamdhar Pardhi S/o Shri Banvali Pardhi, Aged About 46 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 43 - Karnu Barle S/o Shri Bohrik Barle, Aged About 75 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 44 - Jivrakhan S/o Shri Ghanesh, Aged About 42 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 45 - Pyare Lal S/o Shri Bagas, Aged About 50 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 46 - Bismat Yadav W/o Shri Gaya Yadav, Aged About 70 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 47 - Ganpat Pardhi S/o Late Jaipal Pardhi, Aged About 65 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 48 - Ravishankar Dhivar S/o Late Bisoharam, Aged About 52 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 49 - Revati Tandan W/o Late Baishakhu, Aged About 65 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 50 - Samaru Ghritlahre S/o Shri Tulsiram, Aged About 50 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 51 - Ramnath S/o Shri Sukhram, Aged About 53 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 52 - Chovaram S/o Shri Narayan, Aged About 48 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 53 - Hariram S/o Shri Sudhe Lal, Aged About 40 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 54 - Tijmat W/o Late Anandi, Aged About 45 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 55 - Om Prakas Barle S/o Late Amoli Barle, Aged About 60 Years R/o Village Kesla, Tahsil Arang, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Water Resources, Mahanadi Reservoir Project, Phase-I I, Work Division, Raipur, Page No.5 Chhattisgarh, 2-Executive Engineer, Water Resource Department, Mahanadi Bhawan, Mantralaya, Post And P.S. Mandir Hasaud, Raipur, Chhattisgarh, District : Raipur,Chhattisgarh 3-Collector, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4-Land Acquisition Officer And Sub Divisional Officer, Arang Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ... Respondent(s) _____________________________________________________________ For Petitioner : Mr. Himanshu Pandey along with Mr. Vaibhav P. Shukla, Advocates on behalf of Mr. Ashutosh Pandey, Advocate. : Mr. Suyash Dhar Badgaiyan, Dy. Govt. Advocate. For State ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 03/02/2025 1. This petition has been filed by petitioners seeking for the following relief(s):- “10.1 To kindly set aside the land acquisition proceeding of Land Acquisition Case No.37/A- 82 year 2004-2005 as being lapsed. 10.2 To kindly quash the award dated 16.4.2007 on the ground of being lapsed under the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 10.3 To kindly direct the respondents to act afresh in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 10.4 To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 2. According to the petitioners, though the award has been passed in the said acquisition proceeding and the amount of compensation, as determined, was paid to the petitioners, but the possession of their Page No.6 lands has, however, not been taken over, therefore, the entire acquisition proceeding, as was initiated by the concerned Land Acquisition Officer, has lapsed by virtue of sub-section (2) of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the “Act, 2013”). 3. On the other hand, learned counsel appearing for the State/respondents while placing his reliance upon the principles as laid down by Hon’ble the Supreme Court in the matter of Indore Development Authority v. Manoharlal and Others reported in (2020) 8 SCC 129, submits that since the amount of compensation determined by the Land Acquisition Officer has already been paid to the petitioners, therefore, the award dated 16/04/2007 passed in the said Land Acquisition Proceedings cannot be quashed and/or held to be lapsed. 4. Learned counsel for the petitioner fairly submits that In view of the judgment rendered in the case of Indore Development Authority(supra) the petitioner are not entitled for grant of compensation as they have already received the amount of compensation. 5. I have heard learned counsel appearing for the parties and perused the entire papers annexed with this petition. 6. From perusal of the record, it appears that the award was passed on 16/04/2007 in Land Acquisition Case No. 37/A-82 year 2004-2005, where, the amount of compensation, as reflected from the averments made by the petitioners, has been paid. It is to be seen at this juncture, the principles laid down by Hon’ble the Supreme Court, in the matter of Page No.7 Indore Development Authority v. Manoharlal and Others (supra), wherein, the Supreme Court while interpreting the said provision prescribed under sub-section (2) of Section 24 of the Act, 2013 has held at paragraph 366.3 as under:- “The word “or” used in Section 24(2) between possession and compensation has to be read as “nor” or as “and”. The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse.” 7. In view of the principles laid down by Hon’ble the Supreme Court, the alleged Land Acquisition Proceeding cannot be held to be lapsed as the amount of compensation determined by the Land Acquisition Officer has already been received by the petitioners. 8. Consequently, the petition being devoid of merit is dismissed. No order as to cost(s). Sd/- Nisha (Amitendra Kishore Prasad) Judge