1 2025:CGHC:6246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4206 of 2023 1 - Vidya Sagar Singh S/o Late Kedarnath Singh, Aged About 70 Years R/o Main Road, Dantewada District South Bastar Dantewada Chhattisgarh. 2 - Gulabchand Singh S/o Late Kedarnath Singh, Aged About 52 Years R/o Village Chitalanka, Near Indira Awas, Dantewada District South Bastar Dantewada Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Atal Nagar, Mahanadi Bhawan, Mantralaya, Naya Raipur District Raipur Chhattisgarh. 2 - The Collector South Bastar Dantewada Chhattisgarh. 3 - The Tahsildar South Bastar Dantewada Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) :Shri P.R. Patankar, Advocate. For Respondent/State :Shri Shreyansh Mehta, Panel Lawyer. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.04 23:27:58 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 04.02.2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent for payment of compensation or to provide alternate agricultural land to the petitioner in lieu of the land owned by the petitioner which has been used by state for construction of Anganbadi Kendra, Indira Awas and construction of by-pass road . 2. Learned counsel for the petitioners would submit that the petitioners are the owner of land bearing khasra Nos. 425/1, 425/2 & 461/1 area of 1.26 hectare. Out of the said land the 0.17 hectare of Khasra No. 425/1 & 425/2 has been used for construction of Anganbadi Kendra, Indira Awas and road under Pradhanmantri Gram Sadak Yojana and 0.10 hectare of Khasra No. 461/1 has been used for construction of new by-pass road, however the respondents have not paid the compensation till date and even not provided the alternate land as assured by the then authorities of the State Government. Learned counsel for the petitioners would submit that the petitioner has already submitted a representation to the Collector (Annexure P/1) dated 01.07.2022. Learned counsel for the petitioners by referring (Annexure P/4) the spot inspection report made by the Patwari P.H. No. 15 Chitalanka Tahsil Dantewada, District South Bastar Dantewada (C.G.) dated 21.06.2023 would submit that the Patwari has also submitted a report to the Tehsildar stating the land of the petitioners as stated above has been used for construction of road and Indira Awas and Anganbadi Kendra. 3 3. Learned State counsel would submit that if the representation of the petitioner is pending before the Collector, the Collector shall verify the same by making a spot inspection and if the petitioners’ land found to be used for construction of the road and Anganbadi Kendra/Indira Awas then necessary steps be taken for payment of compensation in accordance with law within a stipulated period. 4. I have heard learned counsels for the parties and perused the spot inspection report of patwari dated 21.06.2023 submitted to the Tehsildar and the representation submitted by the petitioners dated 04.07.2022 to the Collector. 5. It appears that some part of the land of the petitioner has been utilized by the respondent for construction of Indira Awas and by- pass road, but till date the respondents have not proceeded to either provide alternate land or paid any compensation in view of the said land used by the State authorities. As the petitioners’ representation is already pending before the Collector, it is directed that the Collector shall make a spot inspection within a period of 45 days from today and verify the claim raised by the petitioner and if it is found that the land of the petitioner has been utilized for construction of Anganbadi Kendra, Indira Awas & by-pass road, the Collector shall proceed to make payment of compensation in accordance with law, within a stipulated time frame in accordance with law. Sd/- (Bibhu Datta Guru) Judge Shoaib