1 2025:CGHC:40098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4267 of 2025 Lalita Kanwar W/o Churaman Singh Kanwar Aged About 35 Years R/o Village- Urga, Tahsil And District- Korba (C.G.) ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Railways, 256-A, Raisina Road, Rajpath Area, Central Secretariat, New Delhi 2 - South East Central Railways Through Its General Manager, South East Central Railways, New Zonal Building, Bilaspur, District - Bilaspur (C.G.) 3 - Chief Administrative Officer South East Central Railway, G M Building, Near Jagmal Chowk, Bilaspur, District - Bilaspur (C.G.) 4 - Sub-Divisional Officer (R)-Cum-Competent Authority Land Acquisition Officer, Korba (C.G.) ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Malay Shrivastava, Advocate. For Respondent-State : Ms. Poorva Tiwari, PL For Respondent-UOI : Ms. Sweta Rai, Advocate on behalf of Mr. Ramakant Mishra, Dy. SG. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 11.08.2025 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: 2 “10.1 That, this Hon'ble Court may kindly be pleased to quash the order dated 30/05/2025 passed in Revenue Case No. /A-82/2025 by the respondent no.4 (ANNEXURE P/1). 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to calculate and pay the compensation to the petitioner treating the land of the petitioner as "Diverted Land". 10.3 Any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.4 Cost of the petition may kindly be awarded to the petitioner.” 2. Learned counsel for the petitioner submits that petitioner is the owner and in possession holder of the land which is situated at Village Barpali, P.H.No.06, Tahsil- Barpali, District -Korba (CG) bearing Khasra Nos.1126/1 & 1126/3 total area 0.206 hectare, said land was diverted for commercial purposes vide order dated 03/09/2024 by respondent no.4. For execution of special project viz. 3rd and 4th Railway Line between Saragbundia and Madwarani, on 11/02/2025 notification was issued for acquisition of the land under Section 20-A of the Railways Act, 1989 by respondent no.3, in which, land of the petitioner was acquired for Khasra No.1126/1 area of 0.081 hectare, in which, objections were called. The petitioner has submitted the objection that land of the petitioner was diverted for commercial purpose, therefore, 3 amount of compensation be granted as per the commercial rate. On 27/05/2025, it was informed to the petitioner that hearing of the objection was held on 30/05/2025 and on 30/05/2025 order was passed by respondent no.4, whereby objection of the petitioner has been rejected. Hence, the petitioner has came up before this Court with aforesaid prayer. 3. Learned counsel for the respondents contended that this writ petition is not maintainable at this stage as final award has not been passed by the respondent-authority yet. Respondent No.4 has only decide the objection raised by the petitioner on 30.05.2025 which is under challenge. They further contented that after passing of the final award/order, petitioner is having right to challenge the said final award/order before the Arbitrator and raised all his grievance as raised in this writ petition. 4. Heard learned counsel for the parties and perused the writ petition including the order dated 30.05.2025. 5. Considering facts of the case, nature of reliefs, submissions of counsel for the parties, particularly that final award has not been passed by the respondent-authority yet, further the fact that after passing of the award/order petitioner is having right to challenge the said final award/order before the Arbitrator and raised all his grievance as raised in this writ petition, this Court is not inclined to entertain this writ petition at this stage. 4 6. Accordingly, the writ petition is disposed of. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-