1 2025:CGHC:27170 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3127 of 2025 Purnchand Das S/o Shri Ravishankar Aged About 55 Years R/o Village And Post- Chattigirola, Police Station And Tahsil- Saraipali, District : Mahasamund, Chhattisgarh ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Road Transport And Highways Of India, Room No. 509, Transport Building, 1, Parliament Street, New Delhi. 2 - Regional Officer Ministry Of Road Transport And Highways Of India, Pension Bada, Raipur, Chhattisgarh. 3 - The Collector Mahasamund, District : Mahasamund, Chhattisgarh 4 - Sub-Divisional Officer (Revenue) And Competent Authority/ Land Acquisition Officer, Saraipali, District : Mahasamund, Chhattisgarh 5 - Tahsildar Tahsil- Saraipali, District : Mahasamund, Chhattisgarh. ---- Respondents For Petitioner : Ms. Mahima Tandan, Advocate For Respondents No.1 & 2 : Ms. Shweta Rai, Advocate appears on behalf of Mr. Ramakant Mishra, DSGI For State/respondents No.3 to 5 : Ms. Upasana Mehta, Dy. GA 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 24/06/2025 1. Default dropped and with the consent of the parties, the matter is heard finally. 2. The petitioner has preferred instant writ petition under Article 226 of the Constitution of India seeking issuance of an appropriate writ, order, or direction against the respondent authorities for their arbitrary and illegal action in denying compensation to the petitioner for the acquisition of his land bearing Khasra No. 423, admeasuring 0.0700 hectares (700 square meters), situated at Village Chattigirola, Tahsil Saraipali, District Mahasamund (C.G.) for the widening of National Highway No. 6. Despite the acquisition of the land in 2012 and issuance of notices for disbursement of compensation, the petitioner has been deprived of his lawful entitlement due to the negligence and inaction of the concerned authorities, causing violation of his fundamental rights under Articles 14 and 21 of the Constitution of India. 3. Learned counsel for the petitioner submits that the petitioner's land was duly acquired under the National Highways Act, 1956, entitling him to just and fair compensation in accordance with law. Despite issuance of a notice for compensation, the respondents have failed to take necessary steps, thereby depriving the petitioner of his rightful dues. The arbitrary and negligent conduct of the respondent 3 authorities is in violation of the principles of natural justice and has resulted in grave hardship, harassment, and financial loss to the petitioner. She further submits that the inaction of the respondent authorities amounts to a denial of the petitioner's fundamental rights under Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Constitution of India. The encroachment issuance of a without resolving notice the alleging pending compensation issues is unjust, unwarranted, and malafide. The petitioner has exhausted all alternative remedies by submitting several representations, but no response or remedial action has been taken by the respondents. Therefore, it is prayed that Court may kindly be pleased to issue an appropriate writ, order, or direction directing the respondent authorities to immediately process and disburse the compensation amount payable to the petitioner for the acquisition of his land for the widening of National Highway No.6 from Arang to Saraipali, along with applicable interest from the date of acquisition till the date of payment; to award appropriate compensation/damages to the petitioner for the undue harassment, hardship, and financial loss caused due to the arbitrary and illegal action of the respondents. 4. Learned counsel for the State opposed the submission made by learned counsel for the petitioner. 4 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. In view of the foregoing discussion, the writ petition is disposed of with a direction to the respondent authorities that if any construction is made on the petitioner’s suit property, the respondents shall demarcate the land of the petitioner in his presence and thereafter pay compensation to him for the said property as per provision of law. 7. With the aforesaid observations & directions, the writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant