1 2025:CGHC:33948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3708 of 2025 1 - Rakesh Swarnakar S/o Shri Jagprasad Swarnakar, Aged About 48 Years R/o Azad Nagar, Sarju Bagicha, Bilaspur, Tehsil And District Bilaspur (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Public Works Administration, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh) 2 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh) 3 - Engineer-In-Chief, Public Works Department, Nirman Bhawan, Naya Raipur, District Raipur (Chhattisgarh) 4 - Chief Engineer, Public Works Department, Bilaspur Division, Bilaspur, District Bilaspur (Chhattisgarh) 5 - Collector Janjgir Champa, District Janjgir Champa (Chhattisgarh) 6 - Sub Divisional Officer (Revenue) And Land Acquisition Officer, Pamgarh, District Janjgir Champa (Chhattisgarh) 7 - Executive Engineer, Public Work Division, Champa, Division- Champa, District Janjgir Champa (Chhattisgarh) 2 8 - Sub Divisional Officer (Pwd), Pamgarh, Sub-Division, Pamgarh, Tehsil Pamgarh, District Janjgir Champa (Chhattisgarh) 9 - Tehsildar Tehsil Pamgarh, District Janjgir Champa (Chhattisgarh) 10 - Nayab Tehsildar Rahod, Pamgarh, District Janjgir Champa (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. Surfaraj Khan, Advocate For Respondent(s) : Ms. Upasna Mehta, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 18/07/2025 1. By way of the present petition, the petitioner has prayed for the following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to issue suitable writ(s), order(s), direction(s) by commanding/directing the Land Acquisition Officer, Pamgarh and Collector, Janjgir-Champa to disburse/pay the compensation together with interest as determined by the Land Acquisition Officer in the compensation chart, within a time frame, in the interest of justice. 10.2 That, this Hon’ble Court may kindly be pleased to call the entire records from the respondents authorities for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 3 2. Learned counsel for the petitioner contended that instant Petition is against inaction of respondent authorities, particularly the illegal action of Public Works Department, who have constructed road upon the land of the petitioner bearing Khasra No. 2702/1/य/1 (Rakba-0.0690 hectare) situated at Village- Sukulpara, District- Janjgir-Champa (C.G.). Even the land acquisition proceedings (under Mutual Consent Land Purchase Policy, 2016) were drawn by the Office of Sub-Divisional Officer and Land Acquisition Officer, Pamgarh and the compensation chart were also prepared and a compensation of Rs. 58,36,100/- (Serial No. 19 of the compensation chart) but due to non-allocation of funds, the compensation is not disbursed/paid to the petitioner and other land losers. The Office of respondent authorities have grabbed the land of the petitioner and have constructed road upon the subject land without due process of law because before constructing the road upon the subject land, the compensation ought to have been paid to the petitioner herein. The land of the petitioner is taken without acquiring the subject land with due process of law. The office of respondent authorities have trampled down under the feet, the principle of natural justice. 3. Learned State counsel opposes the submission made by learned counsel for the petitioner. 4. Heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage this writ petition is disposed of with a direction to respondents No.5 & 6 to consider and 4 decide the proceeding for acquisition of land in case No.03/A-82/2023- 24 (SDM-202409061100046/23-24) expeditiously preferably within a period of ‘90 days’ from the date of receipt of copy of this order as per rules, regulations and law. 6. Accordingly, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima