Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:6260
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3653 of 2024 1 - Tulsiram Verma S/o Budhari Verma Aged About 65 Years R/o Village- Mohbhatta, Tahsil And District- Bemetara, Chhattisgarh
Petitioner(s) versus 1 - Union Of India Ministry Of Road Transport And Highways, Through Its Chief Engineers, National Highway Zone, Raipur, District Raipur, Chhattisgarh 2 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Civil And Revenue District- Raipur, Chhattisgarh 3 - The Collector, Bemetara District Bemetara, Chhattisgarh 4 - Competent Authority-Cum-Sub Divisional Officer (Revenue And Land Acquisition Officer), Bemetara, District- Bemetara, Chhattisgarh.
Respondent(s) For Petitioner(s) : Mr. Vaibhav A. Goverdhan, Advocate For Resp No.1 : Ms. Anmol Sharma, Central Govt. Counsel For State : Mr. Shreyansh Mehta, PL RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.02.06 10:50:31 +0530
2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 04/02/2025
1. By the present writ petition, the petitioner, who is owner of land bearing Khasara No. 211/3 admeasuring 0.073 hectare situated at Village Mhobhatta, PHN-47, Tahsil and District Bemetara, is seeking compensation towards the petitioner’s land which has been used for construction of bypass road of NH-30 by the National Highway Authority without making any compensation to the petitioner.
2.
Learned counsel for the petitioner submits that the petitioner’s land has been used by the National Highway Authority for construction of the Bypass road of NH-30 along with several adjacent lands of others. Though, the adjacent lands have been shown in the Village-wise undistributed compensation amount list (Annexure-P/7), but the land of the petitioner has not been mentioned. He further submits that the petitioner has submitted representation to the Collector on 12/09/2023 as well as on 13/02/2024, however, the representations have not been decided; even no steps have been taken for acquisition of the land of the petitioner; and no compensation has been paid till date.
3.
Learned counsel for the State would submit that as the petitioner has already submitted the representation to the Collector, therefore, the competent authority/SDO (Revenue) shall examine the claim of the petitioner by making a spot inspection and if it is
3 found that the land of the petitioner has been used for utilization of bypass road of NH-30, then necessary steps shall be taken for payment of compensation in accordance with law.
4. I have heard counsel for the parties and perused the representation as well as spot inspection report issued by the Revenue Inspector dated 29/05/2024.
5. It appears from the spot inspection report of the Revenue Inspector that the land of the petitioner bearing Khasara No. 211/3 situated at Village Mhobhatta, PHN-47, Tahsil and District Bemetara was included for survey for construction of bypass road of NH-30. Hence, the Sub-Divisional Officer (Revenue) is
directed to conduct the spot inspection and demarcate the land of the petitioner within a period of 60 days and if it is found that the land has been utilized for construction of bypass of NH-30, the competent authority shall proceed further for acquisition of land of the petitioner and shall make payment of compensation in accordance with law. The Collector, Bemetara, shall ensure payment of proper compensation to the petitioner, in accordance with law.
6. With the aforesaid direction, the writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE Rahul