KISHORE KUMAR

2026:CGHC:1399 DESHMUKH KISHORE KUMAR DESHMUKH Date: 2026.01.12

10:52:58 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2882 of 2022

1 - Krishna Kumar S/o Hetram Aged About 36 Years R/o Village Bilaigadh, Tehsil Dabhra, District Janjgir-Champa, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan Raipur, District Raipur, Chhattisgarh 2 - State Of Chhattisgarh Through Secretary, Department Of Water Resource, Mantralaya, Mahanadi Bhawan Raipur, District Raipur, Chhattisgarh

3 - Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh 4 - Sub Divisional Officer (Revenue) Dabhra, District Janjgir-Champa, Chhattisgarh

5 - Executive Engineer Water Resource Division Raigarh, District Raigarh, Chhattisgarh ... Respondent(s)

For Petitioner : Mr. Ayush Lal, Advocate For State : Mr. Vivek Verma, Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

09.01.2026

1. The petitioner has filed the present petition seeking a direction to the Land Acquisition Officer alleging that no order has been passed by him in terms of Section 31 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “the Act, 2013”), and thus, the provisions of Section 38 of the Act, 2013 have not been complied with.

2. Learned State counsel would submit that compensation has already been awarded, if the petitioner is aggrieved by the quantum of compensation, he has an efficacious remedy of approaching the authority constituted under Section 51 of the Act, 2013. He would refer to Section 51 of the Act, 2013 which is extracted below:-

Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.

(1)The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authority conferred on it by or under this Act.

(2)The appropriate Government shall also specify in the notification referred to in sub-section (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under section 64 or applications made by the applicant under second proviso to sub-

section (1) of section 64.

3. I have heard learned counsel for the parties and perused the record.

4. Since the issue raised in the present petition pertains to the quantum of compensation, the petitioner has an efficacious

2013. Accordingly, the writ petition is disposed of with liberty

under Section 51 of the Act, 2013.

5. It is directed that if the petitioner prefers an application before the

Collector within 45 days from the date of receipt of a copy of this

order, the Collector shall refer the matter to the competent authority for consideration, and neither the Collector nor the Appellate Authority shall raise an objection on the ground of limitation.

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

Sd/-

(Narendra Kumar Vyas)

Judge

kishore