1 2025:CGHC:42846 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4456 of 2025 1 - Dinesh Shukla S/o Shri Dayashankar Shukla Aged About 55 Years R/o Abhanpur, Ps And Tahsil- Abhapur, District- Raipur ( C.G. ). 2 - Ramesh Shukla S/o Shri Dayashankar Shukla Aged About 58 Years R/o Abhanpur, Ps And Tahsil- Abhapur, District- Raipur ( C.G. ). ... Petitioner(s) versus 1 - State of Chhattisgarh Through- The Secretary, Department Of Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur, Distt- Raipur (C.G.). 2 - State Of Chhattisgarh Through-The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, New Raipur, Distt- Raipur (C.G.). 3 - State Of Chhattisgarh Through- The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, New Raipur, Distt- Raipur (C.G.). 4 - The Collector District- Raipur (C.G.). 5 - The Sub- Divisional Officer Cum Land Acquisition Officer, Abhanpur, District- Raipur (C.G.). 6 - The Tehsildar Abhanpur District- Raipur (C.G.). 7 - Regional Officer Ro- Raipur, National Highway Authority Of India, Plot No. - I/21 Anupam Nagar, Tv Tower Road, Raipur- 492006, Chhattisgarh. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.08.25 17:52:22 +0530 2 8 - The Project Director National Highway Authority Of Idnia, Vip Estate Shankar Nagar, Raipur, District- Raipur ( C.G. ). ---- Respondents For Petitioners : Mr. Hemant Kumar Agrawal, Advocate For State : Ms. Poorva Tiwari, PL For Respondent No.8 : Mr. Anand Kumar Gupta, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/08/2025 1. By way of this petition, petitioner has sought following relief(s) : 1) This Hon’ble Court may kindly be pleased to call all the records of the acquited land which is situated at village Abhanpur P.H. No.15, Khasra No.1109/10, area 0.075 hectare (8000 sq. ft) and Khasra No.1109/21area 0.074 hectare in the name of the petitioners. 2) This Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the respondent no. 1 to 8, they give appropriate compensation amounts about the acquired land, to the Petitioners in the interest of justice, OR 3) This Hon'ble Court may kindly be pleased to direct the Respondent Authority they decide representation/objection of the petitioner (Annexure P/1 dated 18.01.2021, and Annexure P/5 dated 14.12.2021) within stipulated periods. 4) This Hon'ble Court may kindly be pleased to direct the Respondent Authority no. 1 to 8, as per the notification dated 04.02.2022 of respondent no. 3 that the award be given with 18% interest of the acquired aforementioned land of the petitioners, 3 from the land acquired year in the interest of justice. 5) That, the Hon'ble High Court kindly take punitive action against the erring officer(s) who have not taken steps in this regard. 6) This Hon'ble Court may further be pleased to pass an appropriate order or issue a writ as deemed fit under the facts and circumstances of the case.” 2. Counsel for the petitioners contended that the petitioners are not challenging any particular order but are aggrieved by the act of respondents wherein without acquiring the land of the petitioner as per provisions of Land Acquisition Rehabilitation and Resettlement Act, 2013 or any other contemporaneous legislation, the respondents have unlawfully occupied the private land of the petitioners. Nor any compensation has been paid in that regard. The petitioner no. 1 & 2 are the respective owners of the lands situated in Village Abhanpur, Revenue circle & Tahsil Abhanpur, District: Raipur marked in khasra no. 1109/10 (admeasuring 0.075 ha) and 1109/21 (admeasuring 0.074 ha). Their names are recorded in the revenue records. The lands of the petitioners came to be affected due to the construction of government projects of bypass road from Raipur to Dhamtari. The adjacent lands of the petitioners where acquired as per provisions of Land Acquisition Rehabilitation and Resettlement Act, 2013, However erroneously the lands of petitioners omitted and were not awarded compensation. The petitioners made an objection before the respondent no.3 for informing him that their lands are affected by the construction of government 4 projects, but no acquisition proceeding were drawn, hence the acquisition proceeding are liable to be drawn and due compensation is liable to be paid to the petitioners. The concern patwari made spot inspection panchnama that the questioned lands are proposed for acquisition forconstruction of National Highway. The Revenue Inspector presented the enquiry report with regard to the questioned lands to the Tahsildar (Respondent No.4) and opined that from Khasra no. 1109/10, an area of 0.022 ha is affected and from Khasra no. 1109/21, an area of 0.010 ha is affected. On 06.04.2021, the Tahsildar forwarded a memo the Respondents no. 3 for necessary action regarding the respective lands of the petitioners. On 14.12.2021, the petitioner no. 1 made a representation before the Respondent no. 3 that the actual affected area is greater and proper inquiry is made in that regard. On 15.12.2021, the Respondent no. 3 directed the Tahsildar to submit a report after spot verification. Upon the instructions, the concerned patwari submitted spot inspection report which stated that in Khasra no. 1109/10 an area of 0.036 ha is affected and from Khasra no. 1109/21 an area on 0.011 ha is being affected. On 10.01.2022, the Tahsildar submitted the inquiry report to the Respondent no. 3 for necessary action. But till date no action has been taken by the Tahsildar nor granted compensation in that regard. Which clearly establishes that no acquisition proceedings have been conducted by the respondents with regard to petitioners' lands and the land of the petitioners is unlawfully acquired by the respondents, which is violation of Articles 5 14, 31-A and 300 of the Constitution of India, 1945. Hence this petition. 3. Learned State Counsel submits that the petitioners may file a fresh representation and the same shall be considered and decide the same by the concerned authorities as per law. 4. Heard learned counsel for the respective 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 directing the petitioners to file a fresh representation along with the relevant documents before respondent No.5 – Sub Divisional Officer-cum- Land Acquisition Officer, Abhanpur, District Raipur (C.G.) and in turn respondent no. 5 shall consider and decide the representation made by the petitioners as expeditiously as possible in accordance with law. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid direction, the present petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant