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2025:CGHC:36457
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3913 of 2025 1 - Chhabilal S/o Late Sevak Ram Aged About 55 Years R/o Village - Basin, Tahsil - Malkharoda, District - Sakti (C.G.) 2 - Santosh Kashyap S/o Late Bhurulal Aged About 46 Years R/o Village - Basin, Tahsil - Malkharoda, District - Sakti (C.G.) 3 - Jeetram S/o Punau Aged About 70 Years R/o Village - Basin, Tahsil - Malkharoda, District - Sakti (C.G.) 4 - Sammelal (Sameram) S/o Parasram Aged About 80 Years R/o Village - Basin, Tahsil - Malkharoda, District - Sakti (C.G.) 5 - Baratram S/o Bhagatram Aged About 64 Years R/o Village – Basin, Tahsil - Malkharoda, District - Sakti (C.G.) 6 - Smt. Sukwara W/o Baratram Aged About 59 Years R/o Village - Basin, Tahsil - Malkharoda, District - Sakti (C.G.) 7 - Smt. Kaushilya W/o Mohan Aadile Aged About 70 Years R/o Village - Basin, Tahsil - Malkharoda, District - Sakti (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.28 17:45:04 +0530
2 / 4 3 - Collector Sakti, District - Sakti (C.G.) 4 - Sub Divisional Officer (R)/ Land Acquisition Officer Malkharoda, District - Sakti (C.G.) 5 - Executive Engineer Public Works Department, Champa, District Janjgir-Champa (C.G.)
---- Respondents For Petitioner : Ms. Nilu Singh, Advocate For State : Ms. Poorva Tiwari, PL Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 28/07/2025
1. Counsel for the Petitioner prays for the following relief(s) :
“(i)That, this Hon’ble Court may kindly be pleased to issue a writ/order/direction, directing to the respondents to pay the compensation under Land Acquisition Act, 2013 to the petitioners forthwith for their land which has been acquired for construction of road. (ii) That, if the Hon’ble Court may deem fit and proper may kindly be pleased to call for the entire records pertaining to petitioner’s matter. (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”
2. Learned counsel for the petitioners submits that the petitioners are aggrieved by the inaction of the respondents who have not paid the compensation of the land acquired for construction of Basantpur
3 / 4 Parsada Ghoghari Road, despite of the facts that supplementary acquisition proceedings under Land Acquisition Act, 2013 has been completed in year 2019. The petitioners made representation on 12.03.2025 to the respondents, but till date nothing has been done. She further contended that the petitioners are having agricultural land in village Basin, P.H.N. 17, R.N.M. and Tahsil Malkharoda, District Sakti. In the year 2014 as per notification dated 06.05.2014, the State Government acquired the land of village Basin for construction of Basantpur - Parsada - Ghoghari Raod. The compensation was paid to some of the Villagers of village Basin, but lands of the petitioner were not included in the award dated 25.03.2017, therefore, vide order dated 20.06.2019, a proposal for supplementary land acquisition proceeding was submitted before the respondent No. 3. On the basis thereof vide
order dated 18.07.2019, the respondent No. 3 approved the supplementary and forwarded it to the respondent No. 4 for preparation of compensation. Thereafter, respondent No. 4 wrote several letters from 23.10.2019 to 03.07.2024 for depositing the compensation amount, but till date nothing has been done and as such the petitioners are still deprived from payment of compensation for their land. Therefore, the petitioners made a representation on 12.03.2025 with prayer to provide the compensation under the Land Acquisition Act, 2018, but till date nothing has been done. Hence, this petition.
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3. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioners seeking direction to respondents to consider the pending representation towards payment of compensation, he is having no objection to the limited prayer and if the representation of the petitioners is pending, it will be considered in accordance with law.
4. I have heard learned counsel for the parties and perused the material available on record.
5. Considering the facts and circumstances of the case, instead of keeping this petition pending, this Court finds it appropriate to dispose of the writ petition at this stage directing the respondents No. 3, 4 & 5 to consider and decide the pending representation of the petitioner (Annexure P/3) within a period of 90 days from the date of receipt of copy of this order in accordance with rules and regulations governing the field. If it is found that the land of the petitioners have been used for construction Basantpur – Parsada- Ghoghar Road, necessary steps be taken for payment of compensation towards the land owned by the petitioners in accordance with law.
6. With the aforesaid direction, the writ petition is disposed Sd/-
(Arvind Kumar Verma) Judge Vasant