1 2025:CGHC:2929 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2293 of 2024 1. Shailendra Kesharwani S/o Late Shobharam Kesharwani Aged About 44 Years R/o Village Nawagarh, P.S.- Nawagarh, District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, P.O.- Rakhi, District : Raipur, Chhattisgarh 2. The Collector District- Janjgir-Champa, Chhattisgarh. 3. Sub Divisional OfÏcer (R) Cum Land Acquisition OfÏcer Janjgir, District : Janjgir-Champa, Chhattisgarh 4. Tahsildar Nawagarh, District : Janjgir-Champa, Chhattisgarh 5. Executive Engineer Public Works Department, Champa, District : Janjgir-Champa, Chhattisgarh 6. Sub-Divisional OfÏcer Public Works Department, Pamgarh, District : Janjgir-Champa, Chhattisgarh 7. Executive Engineer Pradhanmantri Gram Sadak Yojna Department, Janjgir, District : Janjgir-Champa, Chhattisgarh ... Respondent(s) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.17 00:08:39 +0530 2 (Cause title taken from CIS) For Petitioner(s) :Shri Akash Deep Sharma, Advocate on behalf of Shri Anish Tiwari, Advocate For Respondent No. 1 to 6 :Ms. Upasana Mehta, Dy. Govt. Advocate. For Respondent no. 6 to 7 :Shri Anurag Verma, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 16.01.2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authority to initiate land acquisition proceeding for payment of compensation as the petitioner's land bearing Khasra No. 143/5 (area 0.42 acre) & Khasra No. 143/6 (area 0.42 acre) situated at village Dharashiv, Tahsil Nawagarh, District Janjgir-Champa (C.G.) has been utilized for construction of road. 2. Learned counsel for the petitioner submits that the road over the land of the petitioner has been constructed in the year 1997, but till date no compensation has been paid to the petitioner. He refer some document which are communications i.e. SDO (PWD) Sub- Division Pamgarh to the SDO (Revenue) Janjgir, by which it has been intimated to the SDO (Revenue) that the land of petitioner has been utilized for construction of road, but the road has been constructed under “Pradhan Mantri Gram Sadak Yojana”. He would further refer a letter dated 10.10.1997, which is a communication of Land Acquisition OfÏcer Hasdeo Pariyojana Janjgir to the ofÏce of Executive Engineer (PWD) Champa, by which it has been intimated that the land has been constructed by the PWD. Learned counsel for the Respondent/State would submit that if the land of the 3 petitioner has been utilized for construction of road and no compensation has been paid till date, the appropriate authority shall examine and by making a spot inspection or demarcation appropriate steps shall be taken for acquisition of the land and the authority shall ensure for payment of compensation to the petitioner. 3. I have heard both the parties and perused the pleadings as well as the document placed by the petitioner along with the writ petition. 4. From perusal of the pleadings and the document referred by the petitioner, it appears that the land of the petitioner has been utilized for construction of the road namely Lachhanpur-Nawagarh Road and the petitioner is seeking compensation towards the land which has been utilized by the respondent for construction of road. Hence, it is directed that the Collector or the land Acquisition OfÏcer respondent 2 or 3 shall take necessary steps for demarcation of the land in question within a period of 30 days from receipt of the copy of order and if the land of the petitioner has been utilized for the construction of the road, the respondent Land Acquisition OfÏcer shall initiate appropriate action for acquisition of the said land in accordance with law and ensure payment of compensation to the petitioner. 5. With the aforesaid direction, the writ petition is disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib