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2025 DAILYLAW 40022 (CHH)

BRIJMOHAN DADSENA v. STATE OF CHHATTISGARH

WPC/4391/2025 · 2025-08-19

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:42072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4391 of 2025 1 - Brijmohan Dadsena S/o Ghasiram Dadsena Aged About 68 Years R/o Village Chapale, Tahsil Kharsiya, District Raigarh C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Revenue Department, Mantralaya Mahanadi Bhawan, Naya Raipur, District Raipur C.G. 2 - Collector, Raigarh, District Raigarh C.G. 3 - Land Acquisition Officer/sub Divisional Officer (Revenue) Kharsiya, District Raigarh C.G. 4 - Tahsildar, Tahsil Kharsiya, District Raigarh C.G. 5 - The National Highway Authority Of India Ltd. Through Project Director Bilaspur, United Abhilasha Parisar New Bus Stand, Public Works Department Tifra, Bilaspur District Bilaspur C.G. ... Respondents For Petitioner : Shri Jai Kumar Dewangan, Advocate For State/respondents No.1 to 4 : Shri Anurag Tripathi, Panel Lawyer For Respondent No.5 : None Digitally signed by GOPAL SINGH Date: 2025.08.22 16:29:19 +0530 2 Hon’ble Shri Justice Arvind Kumar Verma Order on Board 20/08/2025 1. This petition has been filed seeking following reliefs: “(i) That, this Hon’ble Court may kindly be pleased to direct the respondent authorities consider the representation and to make payment of compensation of subject agricultural land on account of only rest acquired land area 0.01 acre as per at present market value in accordance with provision of the Land Acquisition Act with 18% interest from actual date of acquirement to actual date of payment, within stipulated time, in the interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner contended that the petitioner was owner of the agricultural land ad-measuring area 0.004 hectare which is situated at Village Chapale, Patwari Halka No.33, Tahsil Kharsiya, District Raigarh (Chhattisgarh). The petitioner was using the said agricultural land for growing paddy and vegetable. He further contended that the aforesaid agricultural land of the petitioner has been acquired for the purpose of construction of National Highway No.49 without making any compensation and without following provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He further contended that total land of the petitioner is 0.016 hectare, out of which 0.012 hectare 3 land has been acquired and for that land area compensation has already been paid by the respondent authority, but, compensation for the rest acquired land area 0.004 hectare (0.01 acre), which is acquired for the purpose of construction of National Highway No.49, has not been paid to the petitioner. Therefore, the petitioner made objection/representations on 12.6.2019 and thereafter on 9.9.2024 (Annexure P1) to the concerned Land Acquisition Officer/Sub Divisional Officer (Revenue), Kharsiya, District Raigarh, which is still pending. 3. Learned counsel for the State/respondents No.1 to 4 contended that subject to verification, respondent No.3 is ready to decide the representation of the petitioner in accordance with law. 4. Looking to the facts and circumstances of the case, it is directed that respondent No.3 shall decide the representation of the petitioner dated 9.9.2024 (Annexure P1) expeditiously after making due verification in accordance with law/rules/regulations. It is made clear that this Court has not expressed any opinion on merits of the case. 5. With the aforesaid directions, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Gopal