Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 3 August 2026

Case Overview

  • Petitioner: Udaybhan Jaiswal, 74‑year‑old resident of Sarvamangala Nagar, Korba, filed writ petition (WPC No. 3529 of 2022) under Article 226 alleging illegal demolition of his house, shop and courtyard on 09‑01‑2021 without compensation or rehabilitation, invoking the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCT Act) and the Chhattisgarh Model Rehabilitation Policy.
  • Background: Ancestral land acquired by Irrigation Department in 1973 for Hasdeo Right Bank Canal; petitioner obtained No‑Objection Certificate and occupied the residual land from 1990, receiving temporary then regularised employment with the Irrigation Department but no formal rehabilitation.
  • Petitioner sought: (i) production of records relating to demolition, (ii) compensation as per RFCT Act and state policy, (iii) damages for suffering, (iv) other reliefs and costs.
  • Respondents: State of Chhattisgarh (Principal Secretary, Revenue & Disaster Management), South Eastern Coalfields Limited (Chairman‑Cum‑MD), Engineer‑in‑Chief Water Resources Department, Collector, Korba, and Commissioner, Municipal Corporation Korba.
  • Respondents’ contentions: Petition dismissed for gross delay and laches (over three decades), petitioner’s occupation was illegal encroachment on land acquired by the Government of India under the Coal Bearing Areas (Acquisition and Development) Act, 1957; demolition carried out by Municipal Corporation as part of road widening project; RFCT Act 2013 not applicable at the time of alleged demolition; no compensation owed.
  • Court’s findings: Land had already been acquired and petitioner had been compensated; subsequent occupation and construction were unauthorized; petitioner was called to remove the structure but failed, leading to lawful demolition; illegal encroachers cannot claim compensation under RFCT Act; cited Andhra Pradesh High Court judgment (Thota Venkatadri vs State of Andhra Pradesh, 2026 SCC Online AP 275) supporting same principle.

Final Outcome

  • The writ petition was dismissed in its entirety; no compensation, rehabilitation, damages, or costs were awarded to the petitioner.

Topics: Land Acquisition, Compensation