1 2025:CGHC:23032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3 of 2022 1 - Smt. Chandralata Rai W/o Late Prahlad Kumar Rai, Aged About 65 Years R/o Near New Bus Stand, Police Station - Marwahi Tahsil - Marwahi District - Gaurela Pendra Marwahi Chhattisgarh, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Petitioner(s) versus 1 - The Collector District - Gaurela - Pendra - Marwahi Chhattisgarh, District : Gaurela- Pendra-Marwahi, Chhattisgarh 2 - Sub Divisional Officer (R) Pendra Road, Tah- Pendra Road District - Gaurela - Pendra - Marwahi Chhattisgarh 3 - The Tehsildar Marwahi Tah - Marwahi District - Gaurela Pendra Marwahi Chhattisgarh 4 - Executive Engineer P.W.D. Bridge Construction Division Bilaspur District - Bilaspur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Badruddin Khan, Advocate For Respondent(s) : Mr. Satish Gupta, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 11/06/2025 1. With the consent of the parties, the present petition is heard finally. 2 2. The present petition has been filed by the petitioner praying for the following relief(s): “10.1 That the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner. 10.2 That, the Hon’ble Court may kindly further be pleased to direct the respondent authorities to pay compensation for acquired land of the petitioner. 10.3 Cost of the petition may also be granted.” 3. The brief facts of the case are that the respondent no. 2 acquired 80 dismil land from Khasra No. 239 in the year 2000 for the department of PWD Bridge Construction Division Bilaspur. The above land was obtained by the petitioner’s husband in family partition and after partition the acquired land was registered in the revenue record as Khasra No. 239/1 total area 1.4560 hectare and only 80 dismil land has been acquired from the above Khasra number. After acquisition of the land, no compensation has been given whereas petitioner moved many representations but no response been given infact, the respondent no. 4 is constructing road without paying compensation. 4. Learned counsel for the petitioner contended that the act of the respondent are arbitrary, illegal, perverse and against the spirit of law. The petitioner and her children are the owner of the acquired land and without paying compensation the respondent authorities can not construct road on petitioner’s land. 5. Learned counsel for the state contended that the present petition as framed and filed by the petitioner is bereft of merit and 3 substance and therefore the same deserves to be dismissed. He further submits that upon the proposal given by the Executive Engineer, Public Works Department, Bridge Construction Division, Bilaspur District- Bilaspur (C.G.) for construction of bridge at Soan River approach road Village Chichgohana, Patwari Halka No. 4, R.I. Circle Marwahi, Tahsil Pendra Road, District Bilaspur (C.G.) to the Sub-Divisional Officer (Revenue)- Cum-Land Acquisition Officer, Pendra Road the then District Bilaspur. Learned counsel has filed the copy of the document showing the compensation deposited in the account of the legal representative of deceased Chunni Lal Rai which is annexed in the petition as Annexure R/1. 6. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. The grievance of the petitioner is that the land bearing Khasra No. 239/1 admeasuring 1.4560 hectare has been received to her husband Prahlad Kumar Rai in family partition and land admeasuring 0.80 has been acquired, however, no compensation has been made either to petitioner’s husband or to petitioner despite repeated request and representations. The land bearing Khasra No. 239/1 was subsequent to family partition and at the time of Land Acquisition Proceeding was recorded in the revenue records as Khasra No. 239 admeasuring 4.40 Acres in the name of Gulab Chand S/o Chunni Lal and out of the said Khasra No. 239 an area of 0.80 acres (80 Dismil) has been acquired and as per award due compensation has been deposited in the account 4 no. 01190007607, SBI Marwahi Branch in the nameo f Ku. Kanya Rai D/o Late C.L. Rai vide cheque number 495606 drawn of bank SBI, Pendra Road of an amount of Rs. 93,335/- on 09.09.2005. 8. In view of the above submissions and the perusal of documents it is thus clear that due compensation has been awarded in respect to the acquired 80 decimal of land to the legal representative of deceased Chunni Lal Rai namely Ku. Kanya Rai on 09.09.2005. 9. Accordingly, the present writ petition deserves to be and is hereby dismissed as the grievance of the petitioner has already been redressed by the respondent. 10. However, the petitioner has a right to make reference under Section 18 of C.G. Land Revenue Code, 1894, if so desires. SD/- (Arvind Kumar Verma) JUDGE Madhurima