1 2025:CGHC:1022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2899 of 2024 1 - Nand Kumar Jagat S/o Punau Ram Jagat Aged About 48 Years R/o Village Karrapali, Tahsil Adbhar, District- Sakti, Chhattisgarh Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - Collector Sakti 3 - Sub Divisional -Cum- Land Acquisition Officer Malkharoda 4 - Tahsildar Malkharoda 5 - Tahsildar Adbhar 6 - Project Manager Asian Development Bank (Adb) Project, Chhattisgarh Road Development Project, Public Works Department, Bilaspur 7 - Chief Engineer Public Works Department, Zone- Bialspur 8 - Project Director Asian Development Bank (Adb) Project, Chhattisgarh Road Development Project, Public Works Department, Sirpur Bhawan, Raipur Respondent(s) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.08 17:57:31 +0530 2 For Petitioner(s) : Mr. Sushobhit Singh, Advocate For Respondent(s) : Mr. Satish Gupta, Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 07/01/2025 1. By the present petition, the petitioner is seeking a direction towards to the respondent authority to grant proper compensation for land bearing Khasra No. 139/6 (60 meters), Khasra No. 367/4 (42 sq. meter) and Khasra No. 319/2010 (81 sq. meter) in light of the policy of Chhattisgarh Apsi Sahmati Se Bhumi Kray Niti, 2016. 2. Learned counsel appearing for the petitioner would submit that the private land of the petitioner has been used for construction of road under ADB Project, however, no compensation has been paid to the petitioner till date. 3. Learned counsel appearing for the State would submit that if the land of the petitioner has been used for construction of road under the ADB Project, as stated supra, proper demarcation will be conducted and necessary steps will be taken for payment of compensation. 4. I have heard learned counsel appearing for the parties and perused the documents. 5. From perusal of the supplementary proposal dated 01/03/2023 (Annexure-P/4), it is quite vivid that the land of the petitioner 3 bearing Khasra No. 139/6 (60 meters), Khasra No. 367/4 (42 sq. meter) and Khasra No. 319/2010 (81 sq. meter) have been used under the ADB Project for construction of road, however, no compensation has been paid to him till date. 6. 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. 7. In view of foregoing, it is directed that the Collector, Sakti, shall look into the matter and take appropriate steps within a period of 30 days from the date of receipt of a copy of this order to demarcate the land bearing Khasra No. 139/6 (60 meters), Khasra No. 367/4 (42 sq. meter) and Khasra No. 319/2010 (81 sq. meter) and on such demarcation if it is found that road has been constructed on the said land, ensure payment of proper compensation to the petitioner, in accordance with law. 8. With the aforesaid observation and direction, the writ petition stands disposed of Sd/- (BIBHU DATTA GURU) JUDGE Rahul