1 2025:CGHC:1022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3004 of 2024 1 - Nageshwar Prasad Gabel S/o Ganesh Ram Gabel Aged About 46 Years Resident Of 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, District - Sakti Chhattisgarh 3 - Sub Divisional Officer-Cum-Land Acquisition Officer, Malkharoda, District - Sakti Chhattisgarh. 4 - Tahsildar, Malkharoda, District Sakti Chhattisgarh 5 - Tahsildar, Adbhar, District- Sakti Chhattisgarh 6 - Project Manager, Asian Development Bank (Adb) Project, Chhattisgarh Road Development Project, Public Works Department, Bilaspur, District - Bilaspur Chhattisgarh. 7 - Chief Engineer, Public Works Department, Zone- Bilaspur, District- Bilaspur Chhattisgarh 8 - Project Director, Asian Development Bank (Adb) Project, Chhattisgarh Road Development Project, Public Works Department, Sirpur Bhawan, Raipur Chhattisgarh Respondent(s) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.23 16:05:02 +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 conduct proper demarcation by Revenue authorities in presence of the petitioner and thereafter due verification acquire the land of the petitioner bearing Khasara No. 132 situated at Village Jharra, District Sakti and pay proper compensation 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 road is being constructed over the land of the petitioner, however, no compensation has been paid to him. Even no acquisition proceeding has been drawn by the respondent. He further submits that the land of other similarly situated persons are being taken by the respondents in light of the policy of Chhattisgarh Apsi Sahmati Se Bhumi Kray Niti, 2016. 3. Learned counsel appearing for the State would submit that if the land of the petitioner is being used for construction of the road and no compensation has been paid, proper demarcation will be conducted and necessary steps will be taken for payment of compensation. 3 4. I have heard learned counsel appearing for the parties and perused the documents. 5. It appears that the land of the petitioner is being used for construction of Sakti Tundri road and no compensation has been paid 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 Khasara No. 132 situated at Village Jharra, District Sakti and on such demarcation if it is found that road is being 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