Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16213
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1760 of 2025 Amit Sharma S/o Late Surendra Sharma Aged About 45 Years R/o Ashwani Nagar, Mahadevghat Road, Raipur (CG)
... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Revenue And Disaster Management Mahanadi Bhawan Atal Nagar Raipur 2 - Collector Raipur (CG) 3 - SDO Cum Land Acquisition Authority Raipur 4 - Additional Tehsildar Raipur (CG) 5 - Municipal Corporation Raipur Through Commissioner Raipur (CG)
... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Manay Nath Thakur, Advocate For Respondent-State : Mr. Anmol Sharma, Panel Lawyer For Respondent No.5 : Mr. Pankaj Agrawal, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 07.04.2025 1 Heard Mr. Manay Nath Thakur, learned counsel for the petitioner as well as Mr. Anmol Sharma, learned Panel Lawyer appearing for respondents No.1 to 4-State and Mr. Pankaj Agrawal, learned counsel appearing for respondent No.5. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.09 09:58:16 +0530
2 2 The instant writ petition is preferred by the petitioner under Article 226 of the Constitution with the following relief(s):-
“10.1 A writ and/or an order in the nature of writ of appropriate nature do issue calling the records from the respondent authorities concerned pertaining to the case of the petitioners for its kind perusal. 10.2 A writ and/or an order in the nature of writ of appropriate nature do issue directing the respondent authority to decide the representation in facts and circumstance of the case. 10.3 A writ and/or an order in the nature of writ of appropriate nature do issue directing the respondent authority to pay the compensation to the petitioner for land acquired for construction of road in facts and circumstance of the case. 10.4 Cost of the proceedings. 10.5 Any other relief in the discretion of this Hon’ble Court.” 3
Learned counsel for the petitioner submits that the petitioner is owner of land bearing P.H. No. 106A situated at Shahid Churamani Ward No.16, Khasra No.102, Area 0.024 hectares,
3 Raipur, which has been acquired and the road was constructed upon it, however, no compensation has been paid to the petitioner. He further submits that the petitioner has filed several applications/representations for grant of compensation, however, the same have not been decided till date, hence, a direction be issued to decide the applications/representations of the petitioner within a specific time frame. 4 On the other hand, learned State counsel appearing for respondents No.1 to 4 submits that if the land of the petitioner was acquired, then certainly the respondents have under obligation to pay the compensation. 5 According to the petitioner, the road was constructed by the Municipal Corporation, Raipur, to which, learned counsel appearing for respondent No.5 submits that it has to be verified. 6 I have heard learned counsel appearing for the parties and perused the materials available on record. 7 Considering the overall facts and circumstances of the case, the petitioner is directed to file a fresh application/representation along with all the documents annexed with this writ petition within a period of 15 days before the concerned respondent authority, who in turn, consider and decide the application/representation preferred by the petitioner expeditiously preferably within a period of 45 days from the date of filing of the application/representation.
4 8 With the aforementioned observation/direction, instant writ petition is disposed of.
Sd/-/- -
(Amitendra Kishore Prasad)
Judge Yogesh