2025:CGHC:4361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1290 of 2019 1 - Resham Lal Jogi S/o Sampat Lal Jogi, Aged About 61 Years R/o Village Murlidih, Tahsil And Police Station Akaltara District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Panchayat And Rural Development, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector , Janjgir, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 3 - Land Acquisition Officer / Sub Divisional Officer (Revenue ) Akaltara, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioner : Mr. Ravi Maheshwari, Advocate For State : Mr. Dashrath Prajapati, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.01.2025 1. The petitioner has filed this petition seeking the following relief(s):- “(i) That, this Hon'ble Court may kindly be pleased to restrain the respondent authorities from making road over land of the petitioner without paying -2- compensation and without acquiring the land, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to make payment of compensation as per market value in accordance with provision of the Act 2013 along with interest of 18%, in the interest of justice. (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that the land bearing Khasra No. 1438/1 ad-measuring 0.142 hectares situated at Village Murlidih, Tehsil & P.S. Akaltara, District-Janjgir Champa (C.G.) is recorded in the name of petitioner. He further submits that the State Government constructed a road and used the land of the petitioner without acquisition and without making payment of compensation. He contends that the petitioner approached the respondent authorities many times but no heed was paid. He further contends that the land of the petitioner cannot be used for the construction of a road without acquisition. 3. On the other hand, learned State counsel submits that the petitioner has not placed any document on record to demonstrate that his land was used for the construction of a road. He further submits that the petitioner has also not placed on the record the demarcation report to substantiate his arguments. 4. Heard learned counsel for the parties at length and perused the documents available on record. 5. Taking into consideration the pleadings made in the writ petition, this petition is disposed of directing the Collector, Janjgir Champa i.e. respondent No. 2 to conduct a demarcation so as to ascertain whether the land of the petitioner has been used for the construction of a road and if it is found that the land of the petitioner has been used for the construction of a road, appropriate steps shall be taken by the respondent authorities with regard to the acquisition and payment of compensation. 6. The entire exercise shall be completed by the respondent authorities preferably within a period of six months from the date of receipt of a copy of this order. 7. With the aforesaid observation(s) & direction(s), the instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha