1 2025:CGHC:27968 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3221 of 2025 1 - Chandra Shekhar Agrawal S/o Late Hari Narayan Agrawal Aged About 70 Years R/o In Front Of Chankya School, Ashwani Nagar Raipur, District - Raipur Chhattisgarh. 2 - Krishna Gopal Agrawal S/o Late Bhanu Prasad Agrawal Aged About 85 Years R/o Baniya Para, Purani Basti, Raipur, District - Raipur Chhattisgarh 3 - Ram Gopal Agrawal S/o Late Bhanu Prasad Agrawal Aged About 78 Years R/o Baniya Para Purani Basti Raipur, District Raipur Chhattisgarh 4 - Smt. Kewara Bai D/o Late Harbansh Lal Agrawal Aged About 80 Years R/o Baniya Para Purani Basti Raipur, District Raipur Chhattisgarh 5 - Surya Shekhar Agrawal S/o Late Hari Narayan Agrawal Aged About 67 Years Jainam Vihar, Lalpur, Raipur, District - Raipur Chhattisgarh 6 - Ajay Shekhar Agrawal S/o Late Hari Narayan Agrawal Aged About 65 Years R/o Kuber Society, Rohini Puram, Dd Nagar, Raipur, District - Raipur Chhattisgarh 7 - Smt. Sushma Agrawal S/o Late Hari Narayan Agrawal Aged About 62 Years Vijay Chowk, Changorabhata Raipur, District Raipur Chhattisgarh 8 - Smt. Santoshi Bai Agrawal W/o Late Madan Gopal Agrawal Aged About 78 Years R/o Baniya Para Purani Basti Raipur, District Raipur Chhattisgarh VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.06.27 10:55:46 +0530 2 9 - Smt. Seema Agrawal D/o Late Madan Gopal Agrawal Aged About 55 Years R/o Baniya Para Purani Basti Raipur Chhattisgarh 10 - Smt. Varsha Agrawal D/o Late Madan Gopal Agrawal Aged About 53 Years R/o Baniya Para, Purani Basti Raipur, District Raipur Chhattisgarh 11 - Pankaj Agrawal S/o Late Madan Gopal Agrawal Aged About 51 Years R/o Baniya Para, Purani Basti Raipur, District Raipur Chhattisgarh 12 - Dhiraj Agrawal S/o Late Madan Gopal Agrawal Aged About 49 Years R/o Baniya Para, Purani Basti Raipur, District Raipur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - The Collector Durg, District - Durg Chhattisgarh 3 - The Sub-Divisional Officer (Revenue) Cum Land Acquisition Officer Patan, District - Durg Chhattisgarh 4 - The Tahsildar Patan, District - Durg Chhattisgarh 5 - The Halka Patwari Village - Patan, Tahsil - Patan, District - Durg Chhattisgarh 6 - The Chief Municipal Officer Nagar Panchayat, Patan, Tehsil - Patan, District - Durg Chhattisgarh ---- Respondents For Petitioners : Mr. Palash Agrawal, Advocate For State : Mr. Praveen Das, Dy. A.G 3 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 26/06/2025 1. The present writ petition has been filed by the petitioner on the following relief(s) : “10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ, order and direct respondent to pay the adequate, fair and lawful compensation to the petitioners for the private lands bearing Khasra Number 870, admeasuring 0.15 hectares and Khasra Number 776, 774 & 780, admeasuring 1.01, 0.2100, 0.04 hectares respectively [All Total 1.41 hectares] situated at Village- Patan, Tehsil- Patan, District Durg (C.G.) along with interest as per law, from the date of taking possession till the actual payment, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ, order, direction and direct the respondent no. 2 & 3 to decide the representation dated 25.08.2023 & 20.09.2023 (Annexure P/3) within stipulated time, in the interest of justice. 4 10.3 Any other relief which the Hon'ble Court deems fit and proper under the facts and circumstances may also be provided to the petitioner.” 2. Learned counsel for the petitioner contended that the petitioners are the joint holders of private lands situated at Village Patan, Tehsil - Patan, District Durg (C.G.). The petitioners are aggrieved by the unauthorized and illegal action of the respondent authorities in utilizing their private land for public purposes such as road construction and urban beautification, without initiating any lawful land acquisition proceedings or paying any compensation, which is violation of the petitioners' constitutional and statutory rights. The petitioner's private land bearing Khasra No. 870, admeasuring 0.15 hectares is used by the Nagar Panchayat, Patan for construction of a road, based on permission granted by the Collector. However, no compensation has been paid to the petitioners till date. He further contended that the respondents have undertaken pond widening and urban beautification work (construction of boundary wall and tile laying) over the petitioners' private land bearing Khasra Nos. 776 (1.01 ha), 774 (0.2100 ha), and 780 (0.04 ha), totaling 1.26 hectares, [All Total 1.41 hectares] again without any prior notice, consent, or lawful acquisition. Despite representation made by the petitioners to the Collector and the Sub-Divisional Officer (Revenue) Cum Land Acquisition Officer on 25.08.2023 and 5 20.09.2023 and subsequent directions issued by the SDO (Revenue) and Tehsildar for investigation, no compensation has been paid and no acquisition process has been initiated. The actions of the respondents are not only arbitrary and high-handed but also in blatant violation of Article 300-A of the Constitution of India and the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Hence, through this petition, the petitioners seek appropriate directions for immediate initiation of land acquisition proceedings and disbursement of fair compensation as well as deciding of their pending representation. Hence, the instant writ petition is being preferred. 3. Learned counsel for the State contended that after verification of the facts, respondent authorities are ready to decide the representation of the petitioners. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the submission made by learned counsel for the parties, this writ petition stands disposed of directing to respondents No.2, 3 & 6 that after verification of the facts of the case consider and decide the representation of the petitioners as expeditiously as possible, as per rule, regulations and law. 6 6. Accordingly, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant