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2025 DAILYLAW 39922 (CHH)

MANISH TIWARI v. STATE OF CHHATTISGARH

WPC/4348/2025 · 2025-08-13

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:41044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4348 of 2025 1 - Manish Tiwari S/o Late Dr. Natthu Prasad Tiwari Aged About 50 Years R/o Bramhan Para, Durg, Tahsil And District - Durg (C.G.) 2 - Manoj Kumar Tiwari S/o Late Dr. Natthu Prasad Tiwari Aged About 48 Years R/o Bramhan Para, Durg, Tahsil And District - Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mantralay, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Sub-Divisional Officer (Revenue) And Land Acquisition Officer Patan, Tahsil - Patan, District - Durg (C.G.) 3 - Sub Divisional Officer Public Works Department, Sub Division Patan, District - Durg (C.G.) ----Respondents (Cause-title taken from Case Information System) For petitioners : Mr. Abhinav Tiwari, Advocate For Respondent-State : Mr. Risabh Bisen, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 14/08/2025 1. Learned counsel for the petitioner submits that the present writ petition has been filed against inaction performed by the respondent authorities by not giving compensation amount for the land acquired by the respondent No. 1 department for widening of road from Aundhi to Pachpedi rout. that proper 2 evaluation of the land impacted by the road widening has not been conducted by respondent authorities in accordance with the guidelines established by the government whereby the agricultural land identified as Khasra No. 190 and 188, of the petitioners and their family members located in Village Pachpedi P.H. No. 14, Tehsil Patan, District Durg, Chhattisgarh, encompasses areas of 5.33 and 0.68 hectares, respectively. The said land of petitioners is an agricultural land which has been impacted by the road widening on Aundhi to Pachpedi Marg. petitioner had previously submitted a representation for the assessment of this affected land, following which the evaluation has been conducted on a hectare basis. According to the guidelines established by the government, if the affected land is situated in the vicinity of the capital and the affected land comes in road side its area measures between 501 to 1012 square meters, then its valuation should be conducted in square meters rather than hectares. However, the affected area of petitioner's land, identified as Khasra No. 190, measures 870 square metersand the affected area of Khasra No. 188 measures 828 square meters as per Panchnama Dated 15.12.2022, but the valuation of affected land of the petitioners has been conducted on the basis of hectares, which contravenes the government-established rules and is unjust. As a result, petitioner's will not receive appropriate compensation for the mentioned land, potentially leading to significant financial loss. In this regard, the petitioner filed application before the respondents authorities (Annexure P-6) dated 25.01.2023, but till date same is pending consideration, therefore he prays for a direction to decide the same. 2. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioners seeking direction to respondents to consider the pending application, he is having no objection to the limited prayer and if the application of the petitioner is pending (Annexure P-6), it will be considered in accordance with law. 3 3. I have heard learned counsel for the parties and perused the material available on record. 4. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the respondent authorities to decide the application of the petitioner dated 25.01.2023 (Annexure P/6) on its own merits as expeditiously as possible within a period of 6 months from the date of receipt of copy of this order in accordance with law. 5. It is made clear that this Court has not observed anything on the merits of the case. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti