Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:10578
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4017 of 2024 1 - Pardeshi Ram Sahu S/o Late Mukut Ram Aged About 62 Years R/o Village Sakri Tehsil Thakahatpur, District Bilaspur Chhattisgarh 2 - Jagdish Prasad Kewat S/o Itwari Kewat Aged About 57 Years R/o Village Sakri, Tahsil Thakahatpur, District Bilaspur Chhattisgarh 3 - Parmeshwar Prasad Sahu S/o Late Shri Mukut Ram Aged About 54 Years R/o Village Sakri Tehsil Thakahatpur, District Bilaspur Chhattisgarh
Petitioner(s) versus 1 - Union Of India Through Secretary, Mininstry Of Road Transport And Highways, Parliament Street New Delhi 110001 2 - Chairman National Highway Authority Of India G5 And 6, Sector 10, Dwarka, New Delhi 110075 3 - State Of Chhattisgarh The Secretary, Public Works Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur Chhattisgarh 4 - Department Of Revenue Through Secretary Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur Chhattisgarh 5 - Collector Bilaspur District Bilaspur Chhattisgarh 6 - Commissioner Bilaspur Division District Bilaspur Chhattisgarh 7 - Competent Officer Land Acquisition Cum Sub Divisional Officer, Bilaspur Chhattisgarh 8 - Project Director Piu, Nhai, Bilaspur Chhattisgarh
Respondent(s) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.05 17:22:19 +0530
2 For Petitioner(s) : Mr. Shrikant Kaushik, Advocate For State : Mr. Bharat Rajput, PL For UOI/Resp.No.1 : Mr. Risabh Singh Deo, Advocate For Resp. No.2. : Mr. Dhiraj Kumar Wankhede, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 04/03/2025
1. By the present writ petition, the petitioner who is owner of land bearing Khasra Nos. 187/1, 187/2 and 183/1 situated at Sakri is seeking direction towards the respondents’ authority for payment of compensation towards the petitioner’s land which has been used for developing the National Highway (NH 1507) without making any compensation to the petitioner.
2.
Learned counsel for the petitioner refers the communication dated 23/02/2024 (Annexure-P/6) made by the Sub Divisional Officer (Revenue) to the Project Director, National Highway & the communication dated 18/03/2024 (Annexure-P/7) written by Project Manager, National Highway to the Sub Divisional Officer and submits that from the said communications, it is reflected that the lands of the petitioner are being affected because of the construction of National Highway, however, the respondent’s authority are not proceeding for acquisition of the land and not making payment of compensation to the petitioner.
3.
Learned counsel for the respondents submit that the National Highway vide its communication dated 18/03/2024 has requested the SDO (Revenue) to initiate the proceeding after an enquiry in respect of the use of the land of the petitioner for construction of the National Highway.
4. I have heard counsel for the parties and perused the communication
3 dated 23/02/2024 (Annexure-P/6) &18/03/2024 (Annexure-P/7),.
5. It appears from the above communication to the SDO that the land of the petitioner has been used for construction of the National Highway. Hence, the Sub-Divisional Officer (Revenue) is directed to conduct a spot inspection and demarcate the lands of the petitioner within a period of 50 days from today and if it is found that the lands of the petitioner have been utilized for construction of National Highway, 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, Bilaspur, shall ensure payment of proper compensation to the petitioners, in accordance with law.
6. With the aforesaid direction, the writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE Rahul