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HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, C.J., Bibhu Datta Guru, J.
Adani Power Limited - Appellant
Versus
Panchanand Gupta S/o Late Laikhan Gupta - Respondent
WA No. 829 of 2025, WA No. 948 of 2025, WA No. 881 of 2025
Decided On : 15-12-2025
| Table of Content |
|---|
| 1. common procedural introduction and representation of parties. (Para 1 , 2) |
| 2. condonation of delay in filing appeals granted. (Para 3 , 5) |
| 3. land acquisition process and objections raised by respondent. (Para 6 , 7) |
| 4. grievances of respondent referred to compensation, not acquisition. (Para 8 , 9 , 10) |
| 5. state's policy for industrial development and acquisition timeline. (Para 11 , 12 , 13 , 14) |
| 6. delegation of powers to hear objections under section 5a. (Para 15 , 16 , 17) |
| 7. objections filed must be addressed appropriately. (Para 18 , 19 , 20) |
| 8. substantive rights under section 5a do not extend to compensation claims. (Para 21 , 22) |
| 9. clarifying limitations of section 5a regarding compensation objections. (Para 23 , 24 , 25) |
| 10. discretionary nature of further inquiry under section 5a. (Para 26 , 27) |
| 11. importance of stability in concluded acquisitions. (Para 28 , 29 , 30) |
| 12. statutory distinction between acquisition objections and compensation disputes. (Para 31 , 32) |
| 13. court's affirmation of validity of acquisition proceedings. (Para 33) |
| 14. final order of the court and rights to seek compensation enhancement. (Para 34 , 35 , 36) |
JUDGMENT :
Ramesh Sinha, CJ.
1. Since all the writ appeals arise out of the same impugned order dated 14.08.2025 passed in WPC No. 5918 of 2010, they were clubbed together, heard analogously, and are being disposed of by this common judgment.
2. We have heard Mr. Prafull N. Bharat, learned Senior Advocate, assisted by Mr. Kashif Shakeel, learned counsel, appearing for the appellant in WA No. 891 of 2025 and for respondent No. 5 in WA No. 948 of 2025; Mr. Praveen Das, learned Deputy Advocate General, appearing for the appellant/State in WA No. 948 of 2025 and for the respondent/State in WA Nos. 829 of 2025 and 948 of 2025; and Mr. Alok Bakshi, learned counsel, appearing for respondent No. 1 in all the appeals, on I.A. No. 2 of 2025 (in WA No. 948 of 2025) and I.A. No. 1 of 2025 (in WA No. 881 of 2025), which are applications seeking condonation of delay.
3. Upon hearing the learned counsel for the parties and upon perusal of the reasons stated in the applications for condonation of delay, we are of the considered view that sufficient cause has been shown. Accordingly, I.A. No. 2 of 2025 (in WA No. 948 of 2025) and I.A. No. 1 of 2025 (in WA No. 881 of 2025) are allowed, and the delay of 60 days in filing WA No. 948 of 2025 and 10 days in filing WA No. 881 of 2025 is hereby condoned.
4. Mr. Rajeev Shrivastava, learned Senior Advocate, assisted by Ms. Sakshi Chhabra, learned counsel appearing for the appellant in WA No. 829 of 2025, submits that due to an inadvertent mistake, the application for condonation of delay could not be filed along with the appeal.
5. From the office note, it is evident that WA No. 829 of 2025 is listed today for orders on default, as the appeal is barred by 08 days and no application for condonation of delay has been filed. However, it is also noticed that another appeal, being WA No. 871 of 2025, has been filed by the same appellant. In the peculiar facts and circumstances of the case, we overrule the objection raised by the Registry and condone the delay of 08 days in filing WA No. 829 of2025.
6. Learned Senior Advocate appearing for the appellant in WA No. 829 of 2025 submits that a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, “the Act of 1894”) was issued by the State Government of Chhattisgarh on 03.07.2010 for acquisition of land situated at Village Badebhandar, Patwari Halka No. 39, R.I. Circle Pusaur, Tahsil Pusaur, District Raigarh, for a duly declared public purpose. The notification unequivocally recorded the necessity of the land for industrial development in furtherance of the State’s industrial policy. In accordance with statutory requirements, the General Manager, District Trade and Industrial Centre, Raigarh (respondent No. 4) was duly authorised to exercise powers under Section 4(2) of the Act of 1894 for undertaking
Objections confined to compensation do not trigger Section 5A protections, which are exclusive to acquisition legality; statutory remedies for compensation must be pursued separately.
The court emphasized that proper procedural safeguards, including meaningful hearings and recommendations, are essential in land acquisitions under the Land Acquisition Act, affirming that violation ....
The main legal point established in the given judgment is that the Collector failed to adhere to the mandate of Section 5A of the Land Acquisition Act, 1894, and the objections were disposed of impro....
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
In terms of Section 5A, any person interested in any land notified under Section 4(1) may, within 30 days from the date ofpubiication ofthe notification, submit objection in writing against the propo....
The court established that compliance with Section 5A of the Land Acquisition Act is mandatory, but the government's final decision on land acquisition is subject to judicial review if found arbitrar....
The court established that non-compliance with Section 5A of the Land Acquisition Act invalidates acquisition proceedings, emphasizing the necessity of adhering to principles of natural justice.
The failure to pass the award within the two-year statutory period under the Land Acquisition Act renders the acquisition proceedings invalid, regardless of stays granted in other cases.
Award validity under the Land Acquisition Act hinges on strict adherence to prescribed timelines, with stays influencing but not absolving time limits for passing awards.
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