The State is obligated to provide compensation for land submerged due to public projects, and once a competent authority confirms such submergence via a demarcation report, the compensation process must be concluded expeditiously in accordance with the law.

(Cause Title is taken from CIS System)

Order on Board

1. The petitioners have filed this writ petition seeking following reliefs:

“10.1 That, the Hon'ble Court may kindly be called for records of compensation pertaining to the petitioner for kind perusal of this Hon'ble Court.

10.2 That, the Hon'ble Court may kindly direct the respondent authorities to compensate earliest of those lands who are losing by the petitioners, in the interest of justice.

10.3 That, the Hon'ble Court may kindly direct the respondent authorities to pay 12% annual interest with compensation amount from year 2017 to till deposited the whole amount for delayed payment.

104. Any other relief, which this Hon'ble Court may deemed just and fit in facts and circumstances of the case.”

2. Facts of the case, as projected, are that the petitioners are permanent residents of Village Barbhatha, P.H. No. 6, R.I. Circle Ulkhar, Tahsil Sarangarh, District Sarangarh-Bilaigarh (C.G.) and are holders of agricultural lands bearing Khasra Nos. 276, 283, 88/4, 11/2, 139/2, 133/1, 114, 65/6 and 88/3 admeasuring 0.89, 0.24, 0.53, 0.32, 0.73, 0.069, 0.32, 0.061 and 0.028 hectares respectively. According to the petitioners, the aforesaid lands have been affected on account of construction of Saradih Bairaj. It has been averred that respondent No. 4, being the competent authority for land acquisition, passed an award dated 08.08.2019 in relation to acquisition proceedings undertaken for construction of Saradih Bairaj. However, despite the petitioners’ lands being affected by submergence, the same were not included for grant of compensation. The petitioners further submit that even prior to passing of the award, they had submitted a representation dated 23.10.2017 before the Executive Engineer, Water Resources Department, Kharsiya requesting inclusion of their lands in the compensation proceedings. However, no action was taken thereupon. Thereafter also, the petitioners submitted several representations before the concerned authorities and lastly submitted a representation dated 01.05.2025 seeking consideration of their grievance, but no decision was taken by the authorities. Being aggrieved, the petitioners earlier approached this Court by filing WPC No. 2932 of 2025, which came to be disposed of vide order dated 16.06.2025 directing the respondents to reconsider the grievance of the petitioners. Pursuant to the aforesaid order passed by this Court, respondent No. 3 conducted demarcation proceedings and prepared a report dated 12.02.2026 wherein it has been specifically recorded that lands bearing Khasra No. 11/2 admeasuring 0.073 hectare and Khasra No. 65/6 admeasuring 0.061 hectare have been completely affected due to submergence in Saradih Bairaj and further an area measuring 0.011 hectare out of Khasra No. 88/3 has also been affected. Despite such findings in the demarcation report, compensation has not yet been granted to the petitioners. The petitioners have therefore approached this Court seeking a direction to the respondents, particularly the SDO (Revenue)/Competent Authority for Land Acquisition, Sarangarh, to consider their case and grant compensation in accordance with law.

3. Learned counsel for the petitioners submits that the lands belonging to the petitioners have admittedly been submerged and affected due to construction of Saradih Bairaj, yet the respondents have failed to extend compensation to the petitioners despite repeated representations and despite availability of material demonstrating actual submergence. It is con