1 2025:CGHC:1347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 69 of 2025 1 - Sanjay Kumar S/o Dujeram Aged About 41 Years R/o Belhabhatha (Belhadih), Tahsil Malkharoda, District Sakti Chhattisgarh 2 - Ghanshyam S/o Karmaha Aged About 65 Years R/o Village Faraswani, Tahsil Dabhara, District Sakti Chhattisgarh 3 - Narendra Kumar S/o Digvijay @ Upendra Aged About 34 Years R/o Belhabhatha (Belhadih), Tahsil Malkharoda, District Sakti Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Work Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur Chhattisgarh 2 - Collector Sakti District Sakti Chhattisgarh 3 - Land Acquisition OfÏcer-Cum-Sub Divisional OfÏcer (Revenue) Malkharoda, District Sakti Chhattisgarh 4 - Project Manager (A.D.B. Project) Chhattisgarh Road Development Project, Public Work Department, Bilaspur Chhattisgarh ... Respondent(s) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.09 23:02:32 +0530 2 For Petitioner(s) : Shri Tapan Kumar Chandra, Advocate. For Respondent(s) : Shri Satish Gupta, Govt. Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 09.01.2025 1. Heard. 2. By the present petition, the petitioners are seeking direction towards the respondent authorities for payment of compensation of land which has been used by the respondent authorities for construction of road in accordance with law. 3. Learned counsel for the petitioner submits that the Collector issued public notice under the आपसी सहमति से ्ቅय निय ी 2016 notifying the lands of the petitioners. However, after construction of road neither the land was purchased nor any compensation was paid to the petitioners. 4. Learned State counsel submits that whether the road has been constructed or not is to be verified and if the construction is done the same will be examined by the authorities and necessary steps will be taken. 5. I have heard learned counsel for the parties and perused the records and pleadings by the petitioner. 6. Perusal of Annexure P- 1 shows that Collector had notified the lands of the petitioners under the आपसी सहमति से ्ቅय ीति 2016, however the said lands have not been acquired and no compensation has 3 been paid to the petitioners, however the road has been constructed over the said lands. 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. Considering the entire facts and circumstances of the case, the Collector, Sakti, District Sakti, C.G. (Respondent No. 2) is directed to make a spot visit and examine whether the road has been constructed over the lands of the petitioners or not and if the petitioners lands have been used, Collector shall immediately take steps for acquisition of lands in accordance with law within a period of 30 days from the date of receipt of a copy of this order and ensure proper compensation is being paid to the petitioners. 9. With the aforesaid observation the petition stands disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib