1 / 3 2025:CGHC:7206 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1238 of 2023 1 - Rajesh Lakra S/o Shri B Lakra Aged About 39 Years R/o Village - Bishrampur, District : Surajpur, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through - The Secretary, Department of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh 2 - Collector Surajpur, District : Surajpur, Chhattisgarh 3 - Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue) Surajpur, District : Surajpur, Chhattisgarh 4 - Tahsildar Pali, Surajpur, District : Surajpur, Chhattisgarh 5 - National Highway Authority of India Through Chief Engineer, Public Works Department, National Road Area, Raipur, District : Raipur, Chhattisgarh ...Respondents (Cause title is taken from Case Information System) For Petitioner : Ms. Aditi Diwan, Advocate. For Respondent/State : Mr. Santosh Bharat, Panel Lawyer. For Respondent No.5 : Mr. Tushar Dhar Diwan, Central Government Counsel. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.10 16:53:48 +0530 2 / 3 Hon’ble Shri Justice Bibhu Datta Guru Order on Board 10/02/2025 1. By the present writ petition, the petitioner who is an owner of the land bearing Khasra No.237/1 situated at village Jamgehna, Tahsil Surajpur, District Surajpur, C.G. is seeking a direction towards the respondents for payment of compensation towards the land acquired by the National Highway for construction of the N.H. No.43, bypass road, by which, out of 55 square meter (0.005 hectare) land has been used for construction of road. 2. Learned counsel for the petitioner submits that the land of the petitioner has been acquired for construction of national highway No.43, bypass road, but no compensation has been paid to the petitioner till date, though the petitioner has requested the respondent No.3-Land Acquisition Officer/SDO by submitting representations on various occasions i.e. 08/04/2019 and 15/10/2019, but till date, neither the proceeding has been drawn for acquisition of the land nor any compensation has been paid to the petitioner. 3. Learned counsel for the State submits that vide communication Annexure P-3, the SDO(Revenue), Baikunthpur has intimated the Collector District Korea that the land of the petitioner bearing Khasra No.237/1 has not been included in the land acquisition Muawja Patrak, though the construction has been made over the land of the petitioner and the SDO (Revenue) has intimated the Collector that due to banafide mistake, the petitioner’s land has 3 / 3 not been included in the notification made by the National Highway and no payment has been made pursuance to the said notification. Learned counsel for the State further submits that the SDO(R) shall verify the same and take necessary steps in accordance with law within a period of sixty days from today. 4. I have heard learned counsel for both the parties and perused the communication (Annexure P-3). 5. From perusal of communication (Annexure P-3), the SDO (Revenue) has intimated the Collector that due to banafide mistake, the land of the petitioner has not been included in the notification and the Muawja Patrak, for which, no compensation has been paid to the petitioner, though the land of the petitioner has been utilized for construction of bypass of the National Highway No.43. Looking to the aforesaid fact, the SDO (Revenue) is directed to make verification of the said fact and immediately take steps for acquisition of the land of the petitioner and payment of compensation, within a period of fifty days from today. 6. With the aforesaid observation and direction, this writ petition is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep