The court reiterates the obligation of authorities to ensure compensation for land acquired under statutory procedures while emphasizing the need for timely investigations and actions in land acquisition matters.

ORDER ON BOARD

30/10/2025

1. By the present writ petition, the petitioner who is the owner of the land bearing Khasra Nos.29, 30, 31, 32, 33 admeasuring total area of 1.4340 hectare situated at Majgaon, Post Nawagaon, Tahsil & District Mungeli, is seeking a direction to be issued to the respondent authorities to make payment of compensation in lieu of the land of the petitioner acquired by the Government.

2. Learned counsel appearing for the petitioner submits that the land of the petitioner is submerged in the Majgaon Dam of the Water Resource Division, Mungeli and due to the said development, the petitioner is not able to do his agricultural work, however, the respondent authorities are not making payment of compensation towards the said land of the petitioner.

3. Learned counsel for the respondents by referring the communication dated

15/03/2022 (Annexure P-3) issued by the respondent No.3/ Sub-Divisional Officer (Revenue) to respondent No.4/ Executive Engineer Mungeli, submits that the intimation has been sent about the application received from petitioner with regard to compensation in liue of land submergence for taking further action.

4. I have heard learned counsel for the parties, perused the documents.

5. Perusal of the communication dated 15/03/2022 would show that the Respondent No. 3/ Sub-Divisional Officer (R.) has sent a communication to Respondent No. 4/ Executive Engineer for taking further action on the application of petitioner mentioning land detail recorded in the name of petitioner, however, it has not been mentioned in the said communication that, whether spot inspection, demarcation proceeding has been made or not.

6. In view of the above, the respondent No.3/SDO, Mungeli/ Land Acquisition Officer is directed to demarcate the land in question, if already not demarcated, by a spot inspection in presence of the petitioner and by providing sufficient opportunity of hearing to him within a period of 60 days from the date of receipt of a copy of this order and pass necessary order and if the land of the petitioner is coming within the submerged area of the Majgaon Dam, necessary steps/ proceedings be initiated for payment of compensation to petitioner against the land falling under submerged area, in accordance with law.

7. As the construction of Majgaon dam is by Water Resource Department Chhattisgarh, therefore, after receipt of the letter, if written by Respondent No. 3, he shall also take necessary action and decision on the same within a further period of 06 months from the date of receipt of letter of Respondent No. 3.

8. With the aforesaid direction and observation, this writ petition is disposed of Certified copy as per rules.