1 2025:CGHC:4584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 569 of 2014 1 - Arpan Kothari S/o Inder Chand Kothari Aged About 35 Years R/o Kothari Bhawan, Kamptee Line, Rajnandgaon, Ps City Kotwali, Distt Rajnandgaon,c G, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur, Distt Raipur, Cg, Chhattisgarh 2 - The Collector Rajnandgaon, Distt Rajnandgaon, Cg, District : Rajnandgaon, Chhattisgarh 3 - Sub Divisional Officer Revenue Cum Land Acquisition Officer, Rajnandgoan, Distt Rajnandgaon,c G, District : Rajnandgaon, Chhattisgarh 4 - The Executive Engineer Building/road Public Works Department, Rajnandgaon Division, Distt Rajnandgaon,c G, District : Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner : Mr. Ashish Surana, Advocate For State : Mr. Dashrath Prajapati, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.01.2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ/writs quashing the entire land acquisition proceeding bearing No.05-A/82 year 2012-13 with respect to the acquisition of petitioner's land bearing Khasra пo. 197/1 situated at village Lakholi, Patwari Halka No.26, District Rajnandgon; -2- 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent to initiate the fresh Land Acquisition Proceeding as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to acquire the petitioner land measuring 1.062 Hectares of Khasra No.197/1 on which Bypass Road has been constructed without acquisition; 10.3 That, this Hon'ble Court may kindly be pleased to compensate the petitioner suitably for illegal encroachment & construction of road being done by the respondent No.4 without complying the provisions of Law; 10.4 Any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon'ble Court be granted.” 2. The facts of the present case are that the petitioner was the owner of Survey No.197/1 ad-measuring 1.477 hectares situated at Village Lakholi, District Rajandgaon (C.G.). A notification under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act of 1894’) was published by the respondents for the acquisition of land on 18.07.2009 and thereafter, a notice under Section 6 of the Act of 1894 was published 29.08.2009. An award was passed on 25.05.2011. The award would show that ad-measuring 0.364 hectares of land out of Survey No.197/1 and 0.259 hectares of land out of Survey No.192/1 were acquired and accordingly the compensation was paid. The petitioner moved an application under Section 13-A of the Act of 1894 before the respondents on the ground that a total ad-measuring 1.477 hectares of land out of Survey No.197/1 of the petitioner’s land got affected by the construction of a bypass road. On the instance of the District Collector, the demarcation was conducted and a report was submitted vide Annexure P/8. 3 Annexure P/9 would show that the total affected area is 1.426 hectares and the award was passed for 0.364 hectares. Thereafter, the land acquisition proceeding was again initiated and the award was passed for the land admeasuring 0.304 hectares vide Annexure P/1. 3. Mr. Surana, the learned counsel appearing for the petitioner would submit that the total area of 1.477 hectares of the land of the petitioner has been acquired by the respondents but total compensation has been paid for 0.668 hectares. He would further submit that the respondent authorities have not paid compensation for 0.758 hectares despite repeated representations/applications. 4. On the other hand, Mr. Prajapati, the learned Panel Lawyer appearing for the State would oppose the submissions made by Mr. Surana. He would submit that the excess land of the petitioner has been acquired but the compensation has not been paid accordingly and at the same time, the compensation has been paid to the brother of the petitioner for the land which has not been used by the respondents. It is argued by the learned counsel appearing for the State that the petitioner may settle the dispute with his brother and obtain the amount of compensation from him. 5. Heard the learned counsel appearing for the parties and perused the documents placed on record. 6. A perusal of the documents would show that 1.477 hectares of the land out of Survey No.197/1 of the petitioner’s land has been utilized for the construction of a road. Initially, the compensation was paid to the petitioner for the land admeasuring 0.364 hectares. When the petitioner made representations/applications, the Land -4- Acquisition Officer passed a separate award against 0.304 hectares of the land. 7. A perusal of Annexures P/8 & P/9 would show that the affected area of the petitioner’s land is 1.426 hectares and thus, the respondents have not paid compensation for 0.758 hectares of the land to the petitioner. 8. With regard to the settlement between the brothers, the petitioner is not required to enter into a settlement or compromise with his brother. The land of the petitioner has been acquired, therefore, the petitioner is entitled to get compensation from the respondents. The respondents would be at liberty to recover the excess payment made to the brother of the petitioner, if so advised. 9. The respondents are directed to demarcate the land so as to ascertain the exact area of the acquisition of land bearing Survey No.197/1 and thereafter, pass an adequate award strictly in accordance with the law. 10.The entire exercise shall be completed by the respondent authorities preferably within a period of six months from the date of receipt of a copy of this order. 11.The petitioner would be at liberty to take appropriate steps for enhancement of compensation against the award dated 12.12.2013, if so advised. 12.With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha