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2026 Supreme(Online)(Chh) 12822

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
DHARMESH PATEL – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/3400/2023



2026:CGHC:12586 AVANISH KUMAR NAFR PATHAK Digitally signed by AVANISH KUMAR PATHAK HIGH COURT OF CHHATTISGARH AT BILASPUR Date: 2026.03.19 17:37:28 +0530 WPC No. 3400 of 2023 RESERVED ON 28-2-2026 DELIVERED ON 17-3-2026 Dharmesh Patel S/o Late Sanpat Patel, Aged About 34 Years R/o Ward No. 14, Village Sahaspur, Tahsil Lormi, District Mungeli Chhattsgarh.

... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur Chhattisgarh.

2 - Engineer -In Chief, Water Resources Department, Sector- 19, Shivnath Bhawan, Atal Nagar, District Raipur Chhattisgarh.

3 - Executive Engineer, Maniyari Water Resources Division, Mungeli, District Mungeli Chhattisgarh.

4 - Collector, Mungeli District Mungeli Chhattisgarh.

5 - Sub Divisional Officer (R), Lormi, District Mungeli Chhattisgarh.

... Respondents ------------------------------------------------------------------------------------------------

For petitioner Mr. Sushobhit Singh, Adv.

For Respondent/State Mr. Shobhit Mishra, Dy. Govt. Adv.

Hon'ble Shri Justice Naresh Kumar Chandravanshi

CAV Order

1. With consent of the learned counsel for the parties, heard the matter finally.

2. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :-

“10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ, order, direction in the nature of mandamus and direct the respondent to include component multiplication factor TWO applicable in rural areas as per Aapasi Sahmati Se Bhumi Kray Niti 2016 R/W Gazette Notification dated 25.11.2019 and determine the compensation as per the gazette notification dated 25.11.2019 and disburse the compensation as per the gazette notification dated 25.11.2019.

10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deem fit and appropriate.”

3. Facts of the case as projected by the petitioner, in brief, are that, the petitioner’s family was recorded owner of land bearing Khasra No. 229/4 and Khasra No. 53/5, total area about 0.40 acre situated at village Sahaspur, District Mungeli (CG). That land was acquired by the respondents under the Aapasi Sahmati Se Bhumi Kray Niti, 2016 (Annexue P-2)(henceforth referred to as ‘the Scheme of 2016’). At the time of purchase of said land, it was assured that under the Scheme of 2016, father of the petitioner would be granted benefit of multiplier factor of ‘2’ for the acquisition of his land situated in rural area, therefore, father of the petitioner consented to the acquisition of his land under the bonafide belief that he would be granted the benefit of multiplier factor of ‘2’. The State Government published notification in the official gazette on 25-11-2019 declaring therein that, the land owner of the land is entitled to multiplication factor of ‘2’ on the value of the land as per prevailing guideline. The family member of the petitioner i.e. late brother submitted a representation and requested the respondent authorities to grant benefit of multiplier factor ‘2’ as per aforesaid notification, but the same has not been granted, therefore, the petitioner has filed instant writ petition seeking the reliefs mentioned in para 2 of this order.

4. Learned counsel for the petitioner would submit that, subject land was purchased under the Scheme 2016 for construction of main canal under the Sahaspur Diversion Scheme from father of the petitioner vide award Annexure P-3 dated 18-1-2018. That time, total amount of compensation Rs. 5,16,000/- was paid to the petitioner’s family as per the prevailing Scheme of 2016, but no multiplier factor ‘2’ was applied. Subsequently, vide memo dated 30-10-2019, sub-clause 4 of Clause 2 was substituted by sub-clause 4(एक) and sub-clause 4(दो). By this notification, in sub-clause 4(दो), it was provided that, the private land of land holders of rural areas shall be purchased by giving them as consideration

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