Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:903
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1394 of 2023
1. Sanjay Kudiyam S/o. Shri Ramlu Kudiyam, Aged About 21 Years At Jidi Para, Village - Timmapur, District - Bijapur, (Chhattisgarh)
... Petitioner(s) versus
1. Union Of India Through Secretary Ministry Of Home Affairs, At Ministry Of Home Affairs, North Block, New Delhi – 110001. 2. Central Reserve Police Force, Through Director General, At - Block No.1, C.G.O. Complex, Lodhi Road, New Delhi – 110003. 3. State Of Chhattisgarh Through Secretary Home Department, At - Mahanadi Bhavan, Naya Mantralaya, Nawa Raipur (Chhattisgarh)
4. District Collector Bijapur, District - Bijapur, (Chhattisgarh)
5. Tehsildar Usur, At - Tehsil Usur, District - Bijapur, (Chhattisgarh)
... Respondent(s) For Petitioner : Shri Manoj Kumar Yadav, Adv. appears on behalf of Shri Lukesh Kumar Mishra, Adv. For Respondent/UOI : Ms Annapurna Tiwari, Advocate For Respondent/State : Ms Anuja Sharma, Panel Lawyer Order on Board By Bibhu Datta Guru, J. 7/1/2025
1. By the present petition, the petitioner is seeking a direction towards the respondents to make payment of compensation stating that the respondent No.2 CRPF has constructed the camp on the agricultural land of the petitioner bearing khasra No.242/2 and 57 situated in village Timmapur, PCR No.00007, RI Circle Usur, Tehsil Usur, District Bijapur. 2
2. Learned counsel appearing for the petitioner would submit that the camp has been constructed by the CRPF over the private agricultural land of the petitioner without making any payment of compensation. 3. Learned counsel appearing for the UOI has not disputed the fact narrated by the petitioner, however, she would submit that they have requested the District Collector to resolve the issue. 4. Learned counsel appearing for the State would submit that if the land of the petitioner has been used by the CRPF without making payment of compensation, the appropriate authority shall look into the grievance of the petitioner and will take necessary steps for payment of compensation. 5. I have heard learned counsel appearing for the parties and perused the documents. 6. From perusal of the documents, it is quite vivid that the agricultural land of the petitioner has been used by the CRPF for construction of camp without making any payment of compensation. 7.
It is the trite law that a person cannot be deprived of his own property without him being paid adequate compensation and the State cannot dispossess a citizen of his property except in accordance with the procedure established by law. 8. In view of foregoing, it is directed that the Collector, Bijapur, shall look into the matter and take appropriate steps within a period of 30 days from the date of receipt of a copy of this order to demarcate the land bearing khasra No.242/2 and 257 and on such demarcation if it is found that the private land of the petitioner has been occupied by the CRPF by constructing camp, ensure payment of proper compensation to the petitioner, who is an agriculturist, in accordance with law. 9. With the aforesaid observations, the writ petition stands disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri
K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.01.07 17:37:02 +0530
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