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2025:CGHC:31510 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.
3493 of 2025
Pramod Tiwari S/o Late Shobharam Tiwari Aged About 73 Years R/o Village Bilha Tehsil Bilha District Bilaspur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Work Department, Mantrayala Mahanadi Bhawan, Atal Nagar Raipur, District Raipur, Chhattisgarh 2 - Collector Bilaspur District Bilaspur, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Kota, District- Bilaspur (C.G.) 4 - Project Director (A.D.B. Project) Chhattisgarh Road Development Project Public Work Department Sirpur Bhavan Civil Lines Raipur (C.G.) 5 - Project Manager (A.D.B. Project) Chhattisgarh Road Development Project Public Work Department Bilaspur (C.G.). ---- Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Ms. Palak Jindal, Advocate. For Respondent-State : Mr. Anurag Tripathi, PL ----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 09.07.2025
1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs:
“10.1 That, this Hon'ble court kindly be pleased to direct
2 the respondents for initiating acquisition proceeding after verification of spot within 90 days. 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner. 2. Learned counsel for the petitioner submits that petitioner is the owner of the land bearing khasra no. 1066/1 admeasuring area 0.1110 hectare situated at Village -Ratanpur, Tehsil Ratanpur, District Bilaspur, Chhattisgarh. Said land of petitioner has been utilized for the construction of Ratanpur Kota Road, but till date neither acquisition proceeding was initiated nor any compensation has been paid to the petitioner, however, as per information gathered by Right to Information Act (RTI), some award has already been passed by Land Acquisition Officer -Cum- Sub-Divisional Officer, Kota, District Bilaspur, to the other similarly situated persons. The petitioner has already submitted various representations Annexure P-1 before the concerned respondents- authorities for initiating the acquisition proceeding and payment of compensation, but till date same are pending consideration. Hence, a direction be issued to the concerned respondents-authorities to initiate the acquisition proceeding and pay the amount of compensation towards the utilized land of the petitioner. 3. Learned State Counsel submits that concerned respondent-authorities will take appropriate steps in this regard after verifying the fact whether land of the petitioner has been acquired for construction of road or not. 4. Heard learned counsel for the parties. 3
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Considering facts of the case, nature of dispute, submissions of counsel for the parties, concerned respondent-authority is directed to verify whether land of petitioner has been utilized/acquired for construction of road or not and if it is found that road is constructed on land of the petitioner then initiate appropriate steps for acquisition proceeding in accordance with the relevant rules/law/regulation within ‘45 days’ from the date of receipt of copy of this order. CC as per rules. Sd/-
(Arvind Kumar Verma)
Judge J/-