1 2025:CGHC:24863 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2971 of 2025 Chandranath Mishra S/o Late Rajkumar Mishra Aged About 82 Years R/o Datta Colony Namnakala Ambikapur District- Sarguja (CG) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Town And Country Planning, Mantralay At Mahanadi Bhawan, Atal Nagar Nawa Raipur District- Raipur (C.G.) 2 - The Collector Ambikapur District- Surguja (CG) 3 - The Sub Divisional Officer (Revenue)/ Land Acquisition Officer Ambikapur District- Surguja (C.G.) 4 - The Tahsildar Ambikapur, District- Surguja (C.G). ---- Respondents For Petitioner : Mr. Sunil Tripathi, Advocate For State/respondents : Mr. Saumitra Kesharwani, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17/06/2025 Heard. 2 1. The present writ petition has been filed by the petitioners with the following relief(s) : “10.1. That, this Hon’ble Court may kindly be pleased to issue writ/writs/order/direction to the respondent authorities, particularly the respondent No.2 and 3 to initiate the acquisition proceeding and pay the proper compensation of the land of petitioner with interest. 10.2. This Hon’ble Court may kindly be pleased to issue/writ/writs/order/direction ot the respondent authorities to pay the fair compensation at the present market value of the land of the petitioner or returned the land of petitioner with immediate effect. 10.3. That, this Hon’ble Court may kindly be pleased to direct the respondent to decide the application made by petitioner in accordance with the Act 2013 within stipulated period. 10.4. That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit. 10.5. Cost of petition may also be allowed.” 2. Learned counsel appearing for the petitioner submits that the act and conduct of the respondent authorities, particularly the respondents is arbitrary, illegal and against the eye of law and also the provision of 3 Act 2013. The petitioner is the old aged person, has suffers from his legitimate claim with regard to proper compensation in lieu of construction of road over the land of petitioner. He further submits that the respondent authority without prior permission or giving the notice for acquisition of land, constructed the road over the part of khasra no. 2/44, the part of area 0.144 hectare. The possession of the land of the petitioner have been taken by the respondents way back without initiating the proceeding for grant of proper compensation taking possession of the petitioner's land by way of construction of road is said to be a encroachment and violate the fundamental right of petitioner U/a 300A of Constitution of India. The right to the land losers to get enhancement or arrears of compensation is extremely important right and that has to be considered in accordance with law and on the date of paying the compensation which away their accrued right. The land of petitioner have never been acquired under proceeding of land acquisition and no fair compensation has been given to the petitioners which is evident from the revenue records itself. The respondents not gone through the records which doesn't reflect that, the petitioner has ever been given any consent with regard to taking his land without any compensation. In this regard Panchnama was also prepared on 15.06.2017, the same was brought in the notice of the Land Acquisition Officer, Ambikapur, despite of reminders vide Annexure P-3 dated 29.10.2020, 03.04.2025 and 05.05.2025, the competent authority has not initiated the proceedings, 4 therefore, it may be directed to the competent authority/Land Acquisition Officer or Collector to initiate the proceeding regarding the acquisition of the land of the petitioner within a time bound period, in the interest of justice. 3. Learned State Counsel not opposes the limited prayer made by counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. Considering facts of the case, submissions of counsel for the respective parties and material placed before the Court, this writ petition is disposed of directing to the competent authority/Land Acquisition Officer or Collector to initiate the proceeding regarding the acquisition of the land of the petitioner and conclude the same as per relevant rules, regulations and law, within an outer limit of six months from the date of receipt of copy of this order. 6. Accordingly, the instant petition is disposed of. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant