1 / 4 2025:CGHC:42352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4488 of 2025 Dukalha Verma S/o Shri Jhaduram Verma Aged About 67 Years R/o House No. 1, Ward No. 6, Mahamaya Para, Mohbhatta, Bemetara, Tahsil And District Bemetara C.G., ... Petitioner versus 1 - State of Chhattisgarh Through The Collector, District Bemetara C.G. 2 - Sub Divisional Officer (Rev.) Bemetara Tahsil & District Bemetara C.G. 3 – Union of India, Ministry of Road Transport & Highways, Through Its Chief Engineers, National Highway Zone, Raipur, District Raipur C.G. 4 - Tulsiram Verma S/o Budhari Verma Aged About 66 Years R/o Village Mohbhatta, Tehsil & District Bemetara C.G. ... Respondents For Petitioner : Mr. Syed Afaque Hussain Rizvi, Advocate For State : Ms. Upasana Mehta, Dy. GA For Respondent No.3/UOI : Mr. Bhupendra Pandey, CGC (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 21/08/2025 1. By way of the instant petition the petitioner is challenging the legality, validity and propriety of the notice dated 11/08/2025 issued by Respondent No.2 whereby the petitioner has been directed to deposit the amount of Rs.32,38,072/-. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.22 18:34:18 +0530 2 / 4 2. The brief facts of the case as projected by the petitioner are that the petitioner and Respondent No.4 and one Shivcharan were co-owners of Khasra No.211 which was subsequently mutually partitioned into Khasra Nos.211/1, 211/2, 211/3 etc. The land bearing Khasra Nos. 211/1 and 211/2 were affected by construction of National Highway 30 bypass, therefore, compensation was awarded in Land Acquisition Case No.04/A-82/2014-15 on 06/01/2016 wherein total compensation of Rs.79,82,224/- was paid to the petitioner on 27/07/2023. Feeling aggrieved with the non-payment of compensation, the Respondent No.4 filed a writ petition bearing WPC No.3653 of 2024 and this Court has disposed of the said writ petition with a direction to the Sub-Divisional Officer (Revenue) to conduct the spot inspection and demarcate the land of the petitioner and if it is found that the land has been utilized for construction of bypass of NH-30, the competent authority shall proceed further for acquisition of land of the petitioner and shall make payment of compensation in accordance with law. Thereafter the demarcation was carried out and demarcation report indicated that 0.043 hectares of Khasra No.211/3 was affected by the bypass. On the basis of the same the impugned notice has been issued to the petitioner demanding recovery of Rs.32,38,072/- on account of excess compensation paid to the petitioner. Hence this petition. 3. Learned counsel for the petitioner would contend that the impugned notice has been issued without providing the petitioner any sufficient opportunity of hearing. He would next contend that the alleged 3 / 4 recovery amount is not correct. He would next contend that the compensation was paid to the petitioner in the year 2023 and even the notice do not contemplate that the petitioner has obtained the said amount by playing fraud. 4. Per contra, learned counsel for the respondents oppose the submission made by learned counsel for the petitioner. 5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 6. Perusal of the documents would show that Respondent No.4 has filed a writ petition seeking compensation and the said petition came to be registered as WPC No.3653 of 2024 which was disposed of by this Court with the following observation:- 5. It appears from the spot inspection report of the Revenue Inspector that the land of the petitioner bearing Khasara No. 211/3 situated at Village Mhobhatta, PHN-47, Tahsil and District Bemetara was included for survey for construction of bypass road of NH-30. Hence, the Sub-Divisional Officer (Revenue) is directed to conduct the spot inspection and demarcate the land of the petitioner within a period of 60 days and if it is found that the land has been utilized for construction of bypass of NH-30, the competent authority shall proceed further for acquisition of land of the petitioner and shall make payment of compensation in accordance with law. The Collector, Bemetara, shall ensure payment of proper compensation to the petitioner, in accordance with law. 7. Thereafter, the demarcation was done by the revenue authorities wherein it was found that the land bearing Khasra No.211/3 , area 4 / 4 0.043 hectare was affected by the construction of bypass of N.H.- 30 and the amount of compensation has been deposited in the account of the petitioner. 8. Looking to the entire facts & circumstances of the case and the dispute involved in the present matter, this Court deems it appropriate to grant liberty to the petitioner to file a representation before the concerned Collector raising his grievance and on such representation being filed, the Collector in turn shall decide the representation/apportionment of the compensation, in accordance with law after giving sufficient opportunity of hearing to the Respondent No.4. 9. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authority shall decide the representation of the petitioner on its own merits. 10. With the aforesaid observation, the writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu