1 / 4 2025:CGHC:1800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3498 of 2023 1 - Harishankar Patel S/o Late Krishnalal Patel Aged About 57 Years R/o Village Bhedikona, Tahsil Dabhara, District Sakti (C.G.) 2 - Gourishankar Patel S/o Late Krishnalal Patel Aged About 54 Years R/o Village Bhedikona, Tahsil Dabhara, District Sakti (C.G.) 3 - Sadanand Patel S/o Late Reshamlal Patel Aged About 50 Years R/o Village Bhedikona, Tahsil Dabhara, District Sakti (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue & Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur (C.G.) 2 - The Collector, Sakti (C.G.) 3 - Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue) Dabhra, Tahsil Dabhara, District - Sakti (C.G.) 4 - Executive Engineer, Public Works Department, Champa/ Sakti Division, Distirct Janjgir - Champa (C.G.) 2 / 4 5 - Sub Divisional Officer, Public Works Department, Sakti Division, District Sakti (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Saurabh Sharma, Advocate alongwith Mr. Saurabh Gupta, Advocate For Respondents/State : Mr. Satish Gupta, Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 10/01/2025 1. By the present writ petition, the petitioners are seeking a direction towards the respondent authorities to make payment of compensation with respect to the land owned by the petitioners which has been utilized by the respondents for construction of Dabhara-Sakrali-Saradih Road. 2. (i) Learned counsel appearing for the petitioners submits that the petitioners are the owner and title holder of the land bearing Khasra Nos. 1410/1, 1410/2, 1410/3, 1410/4, 1410/21, 1410/22, 1410/23 and 1410/24 out of the said land, 30 dismil of land has been utilized by the respondents/PWD for construction of Dabhara – Sakrali - Saradih Road and till date no compensation has been paid to the petitioners. The respondents/State filed their reply to the writ petition stating that out of the said land of the petitioners as per the official record land admeasuring 25 dismil of the land was purchased by the then State of Madhya Pradesh through the SDO/PWD, Sakti on 31/10/1988 from the land owner Reshamlal and thereafter consideration towards the said land has 3 / 4 been paid to the land owner. He further submits that the petitioner has submitted a rejoinder to the writ petition where he has annexed a copy of communication dated 19/04/2024 issued by the Office of Naib Tahsildar, Dabhara to the SDO (Revenue) stating that 30 dismil of the land of the petitioners has been included in this construction of the Dabhara-Sakrali-Saradih Road. (ii) He would submit that as the Naib Tahsildar has certified in the communication to the SDO after enquiry that 30 dismil of the land has been included and utilized for the construction of Dabhara- Sakrali-Saradih Road, but the compensation of rest part of the land i.e. 5 dismil has not been paid to the petitioners. 3. Learned counsel appearing for the State submits that as far as the rest part of the land i.e. 5 dismil is concerned, the Land Acquisition Officer/SDO will examine and verify the fact by spot inspection wether the rest part of the land has been utilized in the construction or not and if the construction has been made over the the said land, necessary steps shall be taken for payment of compensation in accordance with law. 4. I have heard learned counsel for the parties, perused the documents, reply filed by the State and the rejoinder filed by the petitioners. 5. It appears from the enquiry report submitted by the Tahsildar that the petitioners’ land 30 dismil has been utilized for the construction of the Dabhara-Sakrali-Saradih Road however out of the said land, respondents/State have purchased 25 dismil of land 4 / 4 from the petitioners’ ancestor in the year 1988 however 5 dismil of land which has also been included. The reply of State is silent 6. In view of the above, it is directed that the respondents No.2 to 5 shall conduct an enquiry by making spot inspection and verification towards the claim of the petitioners and if the land of 5 dismil as stated by the petitioners has been included and utilized in the construction of Dabhara- Sakrali- Saradih Road, the respondents shall take necessary steps within three months to acquire the said land in accordance with law and make payment of compensation. 7. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar