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2025 DAILYLAW 11995 (CHH)

SMT. ANJANI NAYAK v. STATE OF CHHATTISGARH

WPC/1224/2025 · 2025-03-06

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:11004 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1224 of 2025 1 - Smt. Anjani Nayak W/o Ramesh Kumar Nayak Aged About 35 Years R/o Village - Adhbar, P.S. And Tahsil - Adhbhar, District - Sakti (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt.- Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. - Raipur (C.G.) 3 – Collector, Sakti, Distt.- Sakti (C.G.) 4 - Sub Divisional Officer (R) / Land Acquisition Officer Malkharoda, Distt.- Sakti (C.G.) 5 - Executive Engineer, Public Works Department, Division Champa, Distt. Janjgir-Champa (C.G.) 6 - Project Manager (A.D.B. Project) Chhattisgarh Road Development Project, Public Works Department, Bilaspur, District - Bilaspur (C.G.) ... Respondents (Cause title is taken from Case Information System) 2 / 3 For Petitioner : Mr. F. S. Khare, Advocate For Respondents/State : Ms. Nupoor Sonkar, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 06/03/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities for payment of compensation towards the land of the petitioner which has been utilized for construction of Sakti-Tundri Road by the state authorities. 2. Learned counsel appearing for the petitioner submits that the petitioner who is owner of land bearing Khasra No. 412/16 admeasuring 0.105 Hectare situated at Village Adhbhar, P. H. No. 08, Tahsil Adhbhar, District Sakti. Out of the said land, 72 sq. mt. of land has been utilized for construction of Sakti-Tundri Road by the Public Works Department. The said land has been utilized by the State without acquisition of the land and without making any payment of compensation. He further submits that the petitioner has submitted a representation dated 11/12/2024 (Annexure P/2) before the Collector, Sakti with a request to make payment of compensation however, till date, no steps has been taken to decide the same. 3. Learned counsel appearing for the State submits that the respondent No.4/ SDO (Revenue)-cum-Land Acquisition Officer, Sakti shall look into the matter by making a spot inspection and demarcation of the land of the petitioner, if it is found that the land of the petitioner has been utilized for construction of the said road, necessary steps shall be taken for acquisition of the land in 3 / 3 question, in accordance with law. 4. I have heard learned counsel for the parties, perused the document as well as the representation submitted by the petitioner and the demarcation report submitted by the Revenue Inspector, Adhbhar. 5. Perusal of the demarcation report dated 23/03/2024 would show that the Revenue Inspector has opined in his report that if the width of the road will be 12 meter from the middle of the road, then 72 sq. mt. of the petitioner’s land will be affected and without proper demarcation, he submitted the report to the Tahsildar on 23/03/2024. 6. In view of the above, the respondent No.4/ SDO (Revenue)-cum- Land Acquisition Officer, Sakti is directed to look into the matter by making a spot inspection and demarcation of land in question in presence of the petitioner and if it is found that the land of the petitioner comes within the road, take necessary steps for acquisition of the said land in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of 50 days from the date of receipt of a copy of this order. The SDO shall ensure that necessary compensation be paid to the petitioner towards his land which has been used for construction of the said road in accordance with the Act of 2013. 7. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar