1 - Parmeshwar Singh S/o Lt Manbahor Singh Aged About 56 Years Farmer By v. 1 - State Of Chhattisgarh And Ors S/o Through Chief Secretary, New Secretariat/mantralaya, Mahandi
Case Details
1 2025:CGHC:26549 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 673 of 2013 1 - Parmeshwar Singh S/o Lt Manbahor Singh Aged About 56 Years Farmer By Profession, R/o Vill Latia, Po, Ps And Tah Akaltara, Civil And Revenue Distt Janjgir Champa,c G, Chhattisgarh Digitally signed by REKHA SINGH REKHA SINGH ... Petitioner(s) versus 1 - State Of Chhattisgarh And Ors S/o Through Chief Secretary, New Secretariat/mantralaya, Mahandi Gate Naya Raipur, Capitol Complex, Head Post Office Raipur, Ps Telibandha, Civil And Revenu, Chhattisgarh 2 - The Commissioner Bilaspur Division, Commissionerate Bilaspur, Po Head Post Office, Ps Civil Lines, Bilaspur, Civil And Revenue Distt Bilaspur, Cg, District : Bilaspur, Chhattisgarh 3 - The Collector Janjgir Champa, Po/ps Janjgir, Civil And Revenue Distt Janjgir Champa, Cg, District : Janjgir-Champa, Chhattisgarh 4 - The Superintendent Of Police Janjgie Chmap, Po/ps Janjgie, Civil And Revenue Dist Janjgir Champa, Cg, District : Janjgir-Champa, Chhattisgarh 5 - The Regional Manager C.G. Environment Conservation Board, Regional Office, Vyapar Vihar Bilaspur, Po Head Post Office Bilaspur, Ps Tarbahar Bilaspur, Civil And Revenue Dist Bilaspur, Cg, District : Bilaspur, Chhattisgarh 6 - District Forest Officer Janjgir Champa, Po/ps Janjgir, Civil And Revenue Distt Janjgir Champa, Cg, District : Janjgir-Champa, Chhattisgarh 7 - The Land Acquisition Officer/sub Divisional Office Janjgir Champa, Po/ps Janjgir, Civil And Revenue Distt Janjgir Champa, Cg, District : Janjgir-Champa, Chhattisgarh 8 - Deputy Director Town And Country Planning, Nagar Tatha Gram Niwas Vibhag, Bilaspur, Mungeli Road Bilaspur, Po Head Post Office Bilaspur, Ps Civil Line Bilaspur, Civil And Revnue Distt Bilaspur, Cg, District : Bilaspur, Chhattisgarh -2- 9 - The Sub Divisional Officer Forest Janjgir Champa, Po/ps Janjgir, Civil And Revenue Distt Janjgir Champa, Cg, District : Janjgir-Champa, Chhattisgarh 10 - The General Manager District Commerce And Industries Centre Champa, Po/ps Champa, Civil And Revenue Distt Janjgir Champa,c G, District : Janjgir-Champa, Chhattisgarh 11 - The Executive Engineer Public Works Dettp Miner Branch Champa, Po/ps Champa, Civil And Revenue Distt Janjgir Champa, Cg, District : Janjgir-Champa, Chhattisgarh 12 - The Tahsildar, Akaltara Ps Akaltara, Po Akaltara, Civil And Revenue Dist Janjgir Champa, Cg, District : Janjgir-Champa, Chhattisgarh 13 - The Naib Tayhsildar, Akaltara Ps 7 Po Akaltara, Civil And Revenue Distt Janjgir Champa, Cgcg, District : Janjgir-Champa, Chhattisgarh
Legal Reasoning
14 - The Station House Officer Mr. Rajesh Joshi Ps Akaltara, Po Akaltara, Civil And Revenue Dist Janjgir Champa, Cg, District : Janjgir- Champa, Chhattisgarh 15 - Wardha Power Company Ltd Through Its Authorised Director, 8-2- 293/82/a/431/a, Road No.22, Jubilee Hills, Po/ps Jubilee Hills, Mandal, Khairatabad, Civil And Revenue Dist Hyderabad, A.P, District : Hyderabad, Andhra Pradesh 16 - Ksk Energy Ventures Ltd, Through Its Auth. Director, Sony Apartments, Ii Floor, 19 Rebel Road, Bandra, Civil And Revenue Distt Bandra W, Mumbai, Mh, District : Mumbai, Maharashtra 17 - Ksk Energy Ventures Ltd, Through Its Auth. Director, 8-2-293/82/a/431/a, Road No. 22, Jubilee Hills, Po/ps Jubilee Hills, Tah Mandal, Khairatabad, Civil And Revenue Distt Hyderabad, Ap, District : Hyderabad, Andhra Pradesh 18 - Ksk Mahanadi Power Project Through Its Porject Head, Vill Nariyara, Po And Ps Akaltara, Civil And Revenue Distt Janjgir Champa,c G, District : Janjgir-Champa, Chhattisgarh ---- Respondents : Mr. Rajkamal Singh, Advocate along with For Petitioner Mr. Yudhveer Singh, Advocate For respective : Mr. Pramod Shrivastava, Dy. G.A. and Respondents Mr. Ashish Shrivastava, Senior Advocate along with Ms. Hiya Sonchhatra, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 3 20.06.2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 This hon'ble Court may please be kind enough in calling the entire records of the Land Acquisition Case No.03/A-82/2009-10, Village: Latia, P.C. No.06, Tahsil: Akaltara by the Court of Shri S. C. Shrivastava; Sub Divisional Officer (Revenue) and the Land Acquisition Janjgeer-Champa, District: Officer, Chhattisgarh and other records related with the impugned AWARD dated 23.12.2010 passed by the resp. no. & approved by respondent no.2. Janjgeer, 10.2 This hon'ble court may please be kind enough in directing an independent enquiry into the land acquisitions/purchase of agriculture/ non-agriculture land made by the respondent no.15-18 in Tahsil Akaltara & Pamgarh of Dist: Janjgeer-Champa and also into the allotment of government properties to them & also in relation to the violation of the provisions of Indian Forest Act 1927 & the Environment Protection Act, 1986 by the KSK Power Project, Akaltara/Nariyara, Dist: Janjgeer- Champa of Chhattisgarh. 10.3 This hon'ble court may please be kind enough in directing an enquiry into the financial accounts & transaction made by KSK Power Project in relation to land acquisition & purchase in Janjgeer-Champa District of Chhattisgarh. 10.4 This hon'ble court may please be kind enough in quashing the impugned AWARD dated 23.12.2010 (Annexure P-1) 10.5 This hon'ble court may please be kind enough in directing the respondent no. 1-3 to restore the petitioner's land situated in Kh No.196/20 & 196/36 of Vill: Latia, Tahsil: Akaltara, Dist: Janjgeer-Champa, Chhattisgarh. 10.6 This hon'ble court may please be kind enough in directing the respondent no. 1-3 to compensate for the trees uprooted/ cut & taken away by the KSK Power Project with the support of respondent No.14 and for suitable prosecution in the matter against other erring officials. 10.7 This hon'ble court may please be kind enough in directing the respondent no. 1-3 to arrange for up keeping of revenue records pertaining to the farmers based on actual inspection & investigation of farm fields. 10.8 This hon'ble Court may please be kind enough in granting any other relief, compensation or the cost of the -4- petition.” 2. Mr. Shrivastava, learned Senior Advocate appearing for respondents No.16, 17 & 18 would submit that the petitioner has challenged the award passed by the Land Acquisition Officer dated 23.12.2010 by filing this petition. He would further submit that the petitioner has also moved an application under the provisions of Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act of 1894’) before the District Judge, Janjgir Champa (C.G.) and the same is pending consideration. He would lastly submit that the present petition is not maintainable and deserves to be dismissed. 3. At this stage, Mr. Singh, learned counsel appearing for the petitioner would submit that a direction may be issued to the learned District Judge to decide the pending application moved by the petitioner. 4. The prayer made by Mr. Singh appears to be fair and reasonable.
Decision
5. This petition is disposed of with a direction to the learned District Judge to decide the pending application moved by the petitioner under the provisions of Section 18 of the Act, 1894 preferably within a period of six months from the date of receipt of a copy of this order, if already not decided. 6. The petitioner would be at liberty to raise all available grounds before the learned District Judge. Rekha Sd/- (Rakesh Mohan Pandey) Judge