1 2025:CGHC:26035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3029 of 2025 1 - Sushil Kumar Agrawal S/o Late Durga Prasad Agrawal Aged About 44 Years R/o Village And Post- Gerwani, Tehsil- Raigarh, Police Station- Punjipathara, District- Raigarh (C.G.) 2 - Laxmi Bai Agrawal W/o Late Durga Prasad Agrawal Aged About 74 Years R/o Village And Post- Gerwani, Tehsil- Raigarh, Police Station- Punjipathara, District- Raigarh (C.G.) 3 - Sanjay Agrawal S/o Late Durga Prasad Agrawal Aged About 48 Years R/o Village And Post- Gerwani, Tehsil- Raigarh, Police Station- Punjipathara, District- Raigarh (C.G.) 4 - Suresh Agrawal S/o Late Durga Prasad Agrawal Aged About 40 Years R/o Village And Post- Gerwani, Tehsil- Raigarh, Police Station- Punjipathara, District- Raigarh (C.G.) 5 - Suman Agrawal W/o Vimal Agrawal Aged About 54 Years D/o Late Durga Prasad Agrawal, R/o Kiran General Store, Station Road, Akaltara, District- Janjgir-Champa (C.G.) 6 - Kiran Agrawal @ Kanti W/o Prakash Singhal Aged About 52 Years D/o Late Durga Prasad Agrawal, R/o Station Road, Sakti Near Hero Show Room, Sakti, District- Sakti (C.G.) 7 - Sarita Agrawal @ Dimpal W/o Ganesh Agrawal Aged About 46 Years D/o Late Durga Prasad Agrawal, R/o Krishna Vihar Colony, H.No. 02, Jindal Road, Raigarh, Distt. Raigarh (C.G.) ... Petitioner(s) versus 2 1 - State Of Chhattisgarh Through The Secretary, Department Of Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 2 - Chief Executive Officer Chhattisgarh Rural Road Development Agency, (Implementing Agency Under Pmgsy) Vikas Bhawan, Civil Lines, Raipur (C.G.) 3 - Executive Engineer Pradhan Mantri Gramin Sadak Yojna, Division Raigarh, Distt. Raigarh (C.G.) 4 - Collector Raigarh, Distt. Raigarh (C.G.) 5 - Sub Divisional Officer (R) Raigarh, Distt. Raigarh (C.G.) 6 - Tahsildar Raigarh, Distt. Raigarh (C.G.) 7 - Station House Officer Police Station- Punjipathara, Distt. Raigarh (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Kishore Narayan, Advocate For Respondent(s) : Mr. Rishabh Bisen, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 20/06/2025 1. With the consent of the parties, the present matter is heard finally. 2. Learned Counsel for the petitioner would submit that the petitioners are owners of land bearing Khasra No. 19/16, 19/15, 19/19, 19/22, 19/17, 19/21, 19/18, 19/20, 18/6, 19/12, 19/10 total rakba 0.474 hectare situated at Village Gerwani, Tehsil & District- Raigarh (C.G.). Out of 0.474 hectare, 35 dismil land has been used unauthorisedly by the respondent authorities for construction of road. It is stated that the road are being widened and new road is being constructed over the land of the 3 petitioner. However, before dispossession of the petitioner or taking away his right, the acquisition proceeding has not been adhered to. He submits that without any acquisition proceeding, by force, the lands have been acquired, therefore, the authorities may be directed to commence the land acquisition proceeding and grant suitable compensation as per the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013. 3. Since it has been contended that the petitioner has been forcefully dispossessed of his part of land and he has not been paid any compensation, if the allegations are accepted as a whole, it would be against the spirit of Article 300A of the Constitution of India which provides that no person shall be deprived of his property save by authority of law. 4. Under the circumstances, it is directed that the demarcation be carried out in respect of the land of petitioner on filing of application by the petitioner under Section 129 of the C.G. Land Revenue Code, 1959 and thereafter if the land had been taken into the sweep of acquisition for construction of road then the proceeding for land acquisition according to the Act of 2013 may be commenced forthwith. 5. With such observation, the petition stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima