Chhattisgarh High Court
Shri Kanhaiyalal v. State of Chhattisgarh
2026:CGHC:32647 · WPC/2233/2023
- Decision date
- 2026-07-28
- Text availability
- Full text
- Judges
- Shri Justice Amitendra Kishore Prasad, Amitendra Kishore Prasad
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
1 CGHC010142952023 2026:CGHC:32647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2233 of 2023 1. Shri Kanhaiyalal S/o Dhannamal Aged About 72 Years R/o Torwa, Near Santoshi Mandir Torwa, Tahsil And District Bilaspur, Chhattisgarh. 2. Smt. Geeta Bhojwani Wd/o Late Bhagwandas Bhojwani Aged About 53 Years R/o Torwa, Near Santoshi Mandir Torwa, Tahsil And District Bilaspur, Chhattisgarh. 3. Rahul Bhojwani S/o Late Bhagwandas Bhojwani Aged About 31 Years R/o Torwa, Near Santoshi Mandir Torwa, Tahsil And District Bilaspur, Chhattisgarh. 4. Sameeksha Bhojwani D/o Late Bhagwandas Bhojwani Aged About 22 Years R/o Torwa, Near Santoshi Mandir Torwa, Tahsil And District Bilaspur, Chhattisgarh. 5. Smt. Neelam Bhojwani D/o Late Bhagwandas Bhojwani Aged About 35 Years R/o Satna, Tahsil And District Satna, Madhya Pradesh. ... Petitioners versus 1. State Of Chhattisgarh Through - Secretary, Water Resources Department Mantralaya, Naya Raipur, P. S. - Rakhi, District : Raipur, Chhattisgarh. 2. Executive Engineer Kharang Water Resources Division Bilaspur, District : Bilaspur, Chhattisgarh. 3. Collector Bilaspur Collector Office Bilaspur, District : Bilaspur, Chhattisgarh. 4. Sub Divisional Officer (R) Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. ... Respondents For Petitioner : Mr. Pravin Kumar Tulsyan, Advocate. For State/Respondents : Mr. Amit Nayak, P.L. Hon’ble Shri Justice Amitendra Kishore Prasad Order On Board Digitally 29/07/2026DEEPTI signedby
JHA DEEPTI JHA 1. Heard. 2 2. This petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking following reliefs:-“A.TheHon’bleCourtmaykindlybepleasedto callfortheentirerecordsfromtheCourtbelowfor itsperusal. B. The Hon’ble Court may kindly be pleased to order the respondent authorities to provide the petitionerswithcompensationamountofthesaid land or to provide them alternate land of the samemarketvalue. C. The Hon’ble Court may kindly be pleased to grantanyotherrelief,whichdeemsfitandproper inthefactsandcircumstancesofthecase. D.Costofthepetition.” 3. The State of Chhattisgarh has filed return in this case, in which vide para 10, it has been stated as under:- “10.Inviewoftheabovesubmissionstheinstant petitionasframedandfiledbythepetitionerhas now become infructuous and thus the same deserves to be dismissed as in respect to the grievance of the petitioners the respondent No. 2/ExecutiveEngineer,KharangWaterResources Division, Bilaspur had submitted the supplementary proposal in respect to acquisition of the land of the petitioners which fall in the submergeareaoftheconstructionofCheckDam upon Arpa River before the Collector (Land AcquisitionBranch)Bilaspuraspertheprovisions oftheApsiSahamatiSeBhumiKrayaNiti,2016 and after due assessment of compensation award will be passed and compensation will be disbursedtothepetitionersaccordingly.”
4. In view of the para 10 of the reply/return filed by the State/respondents, this petition is stands disposed of. However, concerned State/respondents are directed to pass an appropriate order either acquiring land of the petitioner and to grant compensation to the petitioners or to purchase the land of the petitioners under the “ApsiSahamatiSeBhumiKrayaNiti,2016” and to give sell consideration to the petitioners within a period of 90 days from the date of passing of this order. 3 5. With the aforesaid direction, this writ petition stands disposed of. 6. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha