1 2025:CGHC:11318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1264 of 2025 1 - Vijay Kumar Giri S/o Late Hari Mangal Giri Aged About 62 Years R/o D-8, Pension Bada Raipur, District Raipur Chhattisgarh 2 - Bharat Bhushan Giri S/o Late Hari Mangal Giri Aged About 55 Years R/o D-8, Pension Bada Raipur, District Raipur Chhattisgarh 3 - Rakesh Kumar Giri S/o Late Hari Mangal Giri Aged About 44 Years R/o D-8, Pension Bada Raipur, District Raipur Chhattisgarh 4 - Sohagi Bai W/o Derha Ram Angare Aged About 72 Years R/o 27 Kholi, Vikas Nagar, Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - Union Of India Through The Secretary, Ministry Of Transport And Highways (Department Of Road Transport And Highways), Transport SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.10 16:55:56 +0530 2 Bhawan, 1, Parliament Street, New Delhi - 110001 (India) 2 - Secretary State Of Chhattisgarh, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh 3 - Collector Bilaspur, District Bilaspur Chhattisgarh 4 - Sub Divisional OfÏcer-Cum-Land Acquisition OfÏcer Bilaspur, District Bilaspur Chhattisgarh 5 - Tahsildar Sakari, District Bilaspur Chhattisgarh 6 - Project Director National Highway Authority Of India, Project Execution Unit, Bilaspur Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Raghvendra Pradhan, Advocate For Respondent No. 1 : Shri Niraj Baghel, Advocate appears on behalf of Shri R.K. Mishra, DSGI. For Respondent nos. 2 to 5 : Shri Ritesh Giri, Panel Lawyer. For Respondent No. 6; : None Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 07.03.2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent for the land bearing Khasra No. 407/5 area of 6 decimal which has not been included in the earlier award dated 3 24.04.2020, though the said part of the land has been used for construction of road by National Highway Authority. 2. Learned counsel for the petitioner by referring (Annexure P/4) dated 22.05.2020 submits that the SDO Bilaspur has requested the Project Director National Highway respondent no. 6 for issuance of notification under Section 3A of The National Highways Act, 1956 for the land which has not been included in the earlier award though the said lands are coming within the proposed alignment of the road. 3. Learned counsel for the petitioner would submit that in spite of the said communication dated 22.05.2020 the respondent authorities have not taken any steps for acquisition of the land which has been used by the respondent no. 6 for construction of the road. 4. Learned counsel for the State submits that as the SDO has already requested the Project Manager for issuance of notification under Section 3A of The National Highways Act, 1956. The SDO Bilaspur will make a spot inspection of the land of the petitioner and if it is found that the land of the petitioner has been utilized for construction of the road necessary steps shall be taken within a stipulated period for acquisition of the land of the petitioner and the SDO shall ensure payment of the compensation to the petitioner in accordance with law. 5. I have heard both the parties and perused the pleadings of the petitioner as well as the communication (Annexure P/4) issued by the SDO (R) to the Project Director. 4 6. It appears from the communication of the SDO that the SDO has already requested the Project Director of National Highway Authority for inclusion of the land of the petitioner i.e. Khasra no. 407/5 and for issuance of notification under Section 3A of The National Highways Act, 1956. Hence the SDO (R) is directed to make a spot inspection in presence of the present petitioner along with the authority of the National Highway and take necessary steps within a period of 40 days for issuance of notification under the National Highways Act, 1956 and ensure payment of compensation to the petitioner in accordance with law. The petitioner is at liberty to apprise the SDO about the order of this Court. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib