1 2025:CGHC:16778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2642 of 2019 1. Jagdev Prasad S/o Shri Dukhuram Aged About 72 Years R/o Village Bhurkadih, Tehsil Champa, District, Jangjir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Collector District Janjgir- Champa Chhattisgarh., District : Janjgir- Champa, Chhattisgarh 3. Sub Divisional Officer (Revenue) Cum Competent Authority National Highway No. 200 (New No. 49) Champa, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 4. National Highways Authority Of India Through Chief Engineer, Public Works, Department, National Road Area, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Sagar Soni, Advocate on behalf of Mr. Dharmesh Shrivastava, Advocate For State/ Respondents No. 1, 2 and 3 : Ms. Neelima Singh Thakur, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 09-04-2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates 2 to the case of the petitioner from the position of respondents for its kind perusal. 10.2 That, this Honorable Court may kindly be pleased to direct the respondents to reassess the compensation of the acquired land of the petitioner after applying the multiplier of factor to and accordingly the compensation may be paid to the petitioner. 10.3 That, this Hon'ble Court may kindly further be pleased to direct the respondents to reassess the compensation to the petitioner as per the irrigated land and compensation in respect of the tree may also be granted. 2) Facts of the present case are that land bearing Khasra No. 406/3 ad- measuring 0.344 hectare situated at Village Bhurkhadih, P.H. No. 01, Tehsil Champa, District Janjgir-Champa (C.G.) recorded in the name of petitioner were purchased by the respondent authority on mutual consent according to the Land Purchase Policy, 2016 and award was passed on 08.03.2018 by the Land Acquisition Officer. 3) Learned counsel for the petitioner has challenged the award on the ground that appropriate compensation was not paid. He submits that impugned award may be set-aside and direction may be issued to the Land Acquisition Officer to enhance the compensation. 4) On the other hand, learned State counsel submits that land acquisition proceeding was not initiated either under The Land Acquisition Act, 1894 or The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . She submits that land of the petitioner was purchased on mutual consent according to the Land Purchase Policy, 2016, therefore petitioner cannot take a stand that appropriate compensation has not been paid. 5) Heard. 3 6) Evidently, the award dated 08.03.2018 passed by the Collector (Land Acquisition)-cum-Land Acquisition Officer, District- Janjgir Champa would show that land of the petitioner was purchased on mutual consent according to the Land Purchase Policy, 2016 and appropriate compensation was paid in the year 2018 itself and after one year, petitioner has challenged the award on the ground that appropriate compensation was not paid. The ground raised by the petitioner appears to be misconceived as the land of petitioner was purchased through registered sale-deed according to the Policy of 2016, therefore, petitioner cannot approbate and reprobate at the same time as initially he accepted the compensation and executed sale-deed and has challenged the award at a later stage. 7) Taking into consideration the above-discussed facts, no case is made out for interference. Consequently, this petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya