1 2025:CGHC:11957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1342 of 2025 1 - Chhote Lal Gond S/o Dhum Gond Aged About 67 Years R/o Village Adhbhar P.S. And Tahsil Adhbhar District Sakti Chhattisgarh. Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - State Of Chhattisgarh Through Secretary, Public Works Department, Manatralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 3 - Collector Sakti, District Sakti Chhattisgarh. 4 - Sub Divisional Officer (R) / Land Acquisition Officer Malkharoda, District Sakti Chhattisgarh. 5 - Executive Engineer Public Works Department, Division Champa, District Janjgir Champa Chhattisgarh. 6 - Project Manager (Adb Project) Chhattisgarh Road Development Project Public Works Department Bilaspur District Bilaspur Chhattisgarh. Respondent(s) (Cause title is taken from CIS) For Petitioner(s) : Ms. Nilu Singh, Advocate For Respondent(s) : Mr. Anmol Sharma, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.11 16:37:26 +0530 2 11/03/2025 1. By the present writ petition, the petitioner, who is owner of land bearing Khasra No. 412/5 area 0.255 hectare, situated at Village Adbhar, P.H.N. - 08, R.N.M. Adhbhar Tahsil Adbhar, Distt. Sakti is seeking a direction towards the respondents’ authority for payment of compensation towards the petitioner’s land which has been utilized for construction of Sakti- Tundri Road. 2. Learned counsel for the petitioner submits that the petitioner is owner of land bearing Khasra No. 412/5 area 0.255 hectare, situated at Village Adbhar, P.H.N. -08, R.N.M. Adhbhar Tahsil Adbhar, Distt. Sakti. Out of the said land, 136 Sq. meter land has been utilized for construction of the Sakti-Tundri Road by the Public Works Department without acquisition of the land and even without making any payment towards compensation. He would further submit that the petitioner has submitted representation before the respondent authority, however, the same has not been decided till date and no compensation has been paid. Therefore, the respondents may be directed to take appropriate steps for acquisition of the lands of the petitioners in accordance with law. 3. Learned counsel for the State would submit that respondent No.4/SDO (Revenue) shall examine the claim of the petitioner by making a spot inspection and if it is found that the land of the petitioner has been used for construction of the Sakti-Tundri Road, then necessary steps shall be taken for payment of compensation in accordance with law. 4. I have heard learned counsel for the parties, pleadings and the 3 representations submitted by the petitioner. 5. Perusal of the demarcation report dated 15/02/2024 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 136 Sq. meter of the petitioner’s land will be affected and without proper demarcation, he submitted the report to the Tahsildar. 6. Hence, the Sub-Divisional Officer (Revenue) 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 (henceforth ‘the Act, 213’), 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, 2013. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul