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2025 DAILYLAW 11970 (CHH)

ADHARI RAM CHANDRAKAR v. STATE OF CHHATTISGARH

WPC/1322/2025 · 2025-03-11

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:11932 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1322 of 2025 1 Adhari Ram Chandrakar S/o. Late Jhadu Ram Chandrakar Aged About 55 Years R/o. Village Mainpura, Tehsil Pandariya, District Kabirdham (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary Dept. Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Raipur District Raipur (C.G.) 2 Collector Kabirdham, District Kabirdham (Cg) 3 Sub Divisional Officer (Revenue) And Competent Authority Land Acquisition, Pandariya, District Kabirdham (C.G.) 4 Sub Divisional Officer, Public Work Department, National Highway, Sub-Division, Bilaspur (C.G.) 5 National Highway Authority Through Chief Engineer, Pwd, National Highway Circle, Pension Bada, Raipur District Raipur (C.G.) 6 Shri Kishan And Company Private Limited Raipur (C.G.), 2nd Floor, Shanti Nagar, Raipur District Raipur (C.G.) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.12 11:31:35 +0530 2 ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri KPS Gandhi, Advocate. For Respondent/State : Shri Satish Gupta, G.A. For Respondent no. 5 : Shri Navoday Singh, Advocate appears on behalf of Shri Y.C. Thakur, Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 11.03.2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent whose land bearing Khasra No. 79/10 situated in village Mainpura Tehsil Pandariya P.H. No. 40 RIC Pandariya District Kabirdham has been utilized for construction of by-pass road Project under National Highway No. 130-A Bilaspur- Takhatpur-Mungeli-Podi-Pandariya without making any payment of compensation and acquisition of the land in question. 2. Learned counsel for the petitioner by referring the communication of Revenue Inspector to Tehsildar vide report dated 20.05.2024 submit that the land of the petitioner is being affected in the construction of by- pass in the National Highway No. 130-A, whereas the respondents are not making any payment of compensation to the petitioner and no acquisition proceeding has been initiated for acquisition of the land in question. 3. Learned counsel for the respondent/State submits that it appears from the report of the R.I. to the Tehsildar that the land of the petitioner is coming under Mainpura to Majholi ( National Highway 3 No 130-A), the SDO (R) shall verify the said fact by making a spot inspection in presence of the petitioner and if it is found that the land of the petitioner is coming under the proposed by-pass road of National Highway- 130-A then the proceeding for acquisition will be initiated in accordance with law. 4. I have heard both the parties and perused the pleadings as well as the report submitted by the R.I. to the Tehsildar on 20.05.2024, it appears from the report that the petitioners land is being used for construction of by-pass Mainpura to Majholi (National Highway No. 130-A), hence the SDO (R) is directed to make a spot inspection of the land of the petitioner within a period of 45 days in presence of the petitioner and if it is found that the land of the petitioner is being used for the construction of by-pass road National Highway, necessary proceeding under the law be taken for acquisition of the said land and the SDO shall ensure payment of compensation towards the land which is being used for construction of by-pass Mainpura to Majholi (National Highway No. 130-A). 5. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Jyoti