1 2025:CGHC:33621 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3719 of 2025 Geeta Vishwas W/o Vishwajeet Vishwas Aged About 65 Years R/o Plot-69/70, Green City, Dharampur, Jagdalpur, District - Bastar, Chhattisgarh, (Petitioner Name Is Correctly Mentioned In Annexure P/2) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Panchayat And Rural Development, Vikas Bhawan, Ground Floor, Sector-19, North Block, Atal Nagar, Nawa Raipur, Chhattisgarh 3 - Collector Dantewada, District - South Bastar Dantewada, Chhattisgarh 4 - Sub Divisional Magistrate (Revenue) And Land Acquisition Officer Dantewada, District - South Bastar Dantewada, Chhattisgarh 5 - Tahsildar Tahsil - Dantewada, District - South Bastar Dantewada, Chhattisgarh 6 - Executive Engineer (P.M.G.S.Y.) District - South Bastar Dantewada, Chhattisgarh ---- Respondents 2 For Petitioner : Ms. Aditi Joshi, Advocate For State : Ms. Nupur Trivedi, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “i. That this Hon'ble Court may be pleased to issue an appropriate writ, order or direction commanding the Respondent authorities to compute and disburse compensation and solatium to the Petitioner in terms of the provisions of the Act of 2013 in respect of land admeasuring 0.040 hectare (10 decimals) forming part of Khasra No. 64, situated in Village Dantewada, Tahsil Dantewada, District Dantewada, which has been utilized for construction of a road under the PMGSY scheme, without any further delay in a time bound manner; ii. That this Hon'ble Court may further be pleased to direct the Respondents to compute and pay interest at the rate provided under Section 80 of the Act of 2013 upon delayed payment of compensation/solatium; 3 iii. This Hon'ble Court may be pleased to direct the Respondent State to restitute and rehabilitate the Petitioner in terms of the applicable law/policy: iv. This Hon'ble Court may be pleased to direct the Respondent State to bear the cost of the present petition; and/or V. Any other relief(s) that this Hon'ble Court deems fit and proper in the interest of justice may also be granted in favour of the Petitioner.” 2. Learned counsel for the petitioner contended that the present writ petition is being filed under Article 226 of the Constitution of India seeking the indulgence of this Hon'ble Court for Issuance of appropriate writ, order or direction to the Respondent authorities disbursal of compensation amount in favour of the Petitioner under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act), in a time-bound manner. The Petitioner, a citizen of India, is the recorded owner and possessor of land bearing Khasra No. 64, admeasuring 0.7350 hectares, situated in Village Dantewada, Tahsil Dantewada, District Dantewada. A portion of this land, specifically 0.040 hectare (10 decimals), has been unlawfully occupied and utilized for the construction of a road under the Pradhan Mantri Gram Sadak Yojana (PMGSY), without initiating due acquisition or disbursing compensation under the 2013 ACT. The Petitioner became aware of 4 this unauthorized occupation only after demarcation conducted by the Revenue Inspector, which confirmed the encroachment. The Deputy Collector, by letter dated 11.08.2023, acknowledged that the Petitioner's land was affected and clearly directed the PMGSY authorities to act. However, despite the admitted facts and inter- departmental communication, the Respondents have failed to disburse compensation or take responsibility, instead engaging in delay and blame-shifting. Aggrieved by this continued inaction, the Petitioner is constrained to approach this Hon'ble Court seeking directions to the Respondents to compute and disburse compensation along with all statutory benefits and interest under the 2013 Act in a time-bound manner, for the land already acquired and utilized. 3. Learned counsel for the State contended that the concerned respondents are ready to decide the representation Annexure P-4 colly. Submitted by the petitioner 4. I have 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, the petition is disposed of directing to respondents No.4 & 6 to consider and decide the pending representation of the petitioner Annexure P-4 Colly. expeditiously preferably within a period of ‘six months’ from the date 5 of receipt of copy of this order, in accordance with rules, regulations and law. 6. Accordingly, the instant petition is disposed of. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant