2025:CGHC:61300 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 805 of 2016

1 - Asha Ram S/o Ratan Satnami, Aged About 49 Years R/o Village Barouda, Tahsil Arang, District Raipur Chhattisgarh, Chhattisgarh

2 - Mukhu, S/o Konda Rawat, Aged About 62 Years R/o Village Barouda, Tahsil Arang, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Petitioners versus

1 - State Of Chhattisgarh Through Secretary, Department of Revenue, Mantralaya, Mahanadi Bhawan, Capital Complex , Naya Raipur District Raipur Chhattisgarh, Chhattisgarh

2 - The Collector, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Sub Divisional Officer, Revenue Cum Land Acquisition Officer, Aramng / Abhanpur, Headquarter Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Naya Raipur Development Authority, Through The Chief Executive Officer, Naya Raipur Development Authority, New Rajendra Nagar, Opposite Vijeta Complex, R.D.A. Building, Govind Sarang , Raipur District Raipur Chhattisgarh, District :

Raipur, Chhattisgarh ... Respondents Cause-title taken from Case Information System)

For Petitioners : Mr. Ashish Surana, Advocate.

For State : Mr. Rajeev Bharat, Govt. Advocate.

For Respondent No.4 : Mr. Siddharth Das, Advocate on behalf of Mr. Praveen Das, Advocate.

Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

16-12-2025

1. The Present writ petition filed by the petitioners under Article 226 of the

DMAA iOg D iHt I a LAl MK y HMsi A gEN nDed by

D18a:t5e0: :24022 +5.01523.204

Constitution of India claiming the following relief(s):-

‘10.1 That, this Hon’ble Court may kindly be pleased to issue appropriate writ/writs quashing the impugned land acquisition proceeding bearing No.02-A/82 year 2013-14 for acquisition of petitioners’ land situated at village Barouda, Revenue Circle Mandir Hasoud, Tahsil Arang, District Raipur (C.G.);

10.2 That, this Hon’ble Court may kindly be pleased to issue appropriate writ/writs quashing the impugned award passed in the impugned land acquisition proceeding by respondent No.3 for acquisition of petitioners’ land situated at village Barouda, Tahsil Arang, District Raipur;

10.3 That, if the Hon’ble Court is pleased to upheld the impugned award and land acquisition proceedings, the compensation awarded may kindly be suitably enhanced and compensation be determined as per provisions of 25 to 31 of Act, 2013.

10.4 Any other relief(s), including the cost of this petition, as it appears to be fit and appropriate to this Honourable Court be granted.”

2. The brief facts of the case are that the petitioners are land owners in Village Barouda, Tahsil Arang, District Raipur. The land of the petitioners are agricultural lands and they are dependent on the subject land. on the request of Naya Raipur Development Authority (in short ‘NRDA’), the Land Acquisition Officer/Sub-Divisional Officer (Revenue), Arang, District Raipur started land acquisition proceeding on 30-12-2013 and land of the petitioners bearing Khasra No.1425/2 area 0.18 hectare and 1427 area 0.04 hectare were selected for acquisition for NRDA. A notification under Section 4 of the Land Acquisition Act, 1894 (in short ‘the Act of 1894’) has been published on 30- 12-2013 and the notification is also published in daily newspaper in Dainik Bhaskar and Navbharat on 31-12-2013. The petitioners/land owners raised their objection, however, their objections have been rejected on 23-06-2014.

On 08-08-2014 a notification under Section 6 of the Act of 1894 is published. Though the Gazette notification under Section 6 of the Act of 1894 was issued on 08-08-2014, but the same was published in daily newspapers Hari Bhumi and Aaj Ki Jandhara on 29-07-2014 as the notification under Section 6 was approved by the authorities concerned on 23-07-2014. In between the period of notification under Section 4 and Section 6 of the Act of 1894 the new Act came into force in the name of “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and