1 2025:CGHC:44845 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4679 of 2025 Vishal Temburkar S/o Late Hemkkaran Temburkar Aged About 40 Years R/o Ambedkar Ward No. 10, Misiya Bada Dongargarh District- Rajnandgaon, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector District- Rajnandgaon (C.G.) 2 - Joint Collector Rajnandgaon District- Rajnandgaon (C.G.) 3 - Land Acquisition Officer Rajnandgaon District- Rajnandgaon (C.G.) 4 - Tahsildar Dongargarh District- Rajnandgaon (C.G.) 5 – PWD Department Rajnandgaon, District- Rajnandgaon (C.G.) ---- Respondents For Petitioner : Mr. Vivek Kumar Tripathi & Mr. Qamrul Aziz, Advocates For State : Mr. Anurag Tripathi, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/09/2025 VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.09.03 17:21:20 +0530 2 1. By way of this petition, petitioner sought following relief(s) : “i. That on dated 08.01.2025 on behalf of Collector the Joint collector of Rajnandgaon has directed the executive engineer PWD department Rajnandgaon to inspect the acquired of the land/house constructed on Khasra No 154 Bagiyatola in the year 2012 for widening of the road but after lapse of 8 months the said PWD department of Rajnandgaon has not inspected and thereby the compensation has not been provided petitioner by the act of respondent authorities therefore the respondent authorities may be directed to to the inspect the matter and provided proper compensation and solitium amount to the petitioner as per guidelines of fair compensation and rehabilitation scheme 2013. ii. That, any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the present petitioner in the interest of justice along with costs of the petition.” 2. Learned counsel for the petitioner contended that the father of the petitioner Vishal Temburkar named as Hemkaran Temburkar has been expired on dated 13.03.2010. On 26.04.2017, the Collector (Land Acquisition Department) District Rajnandgaon has sent a official letter No 2967/Land acquisition/Bhukani/2016 in the name of Hemkaran Temburkar who is the father of the petitioner Vishal Temburkar and husband of Sheela Temburkar, for acquisition of the rehabilitation house constructed on area 288 sq feet on the Abadi land of Khasra No.154 at Dongargarh Lalbahadurnagar Tahsil Dongargarh District Rajnandgaon, for widening of the road of Tumdibod Dongargarh way to Baghiyatola, and proposed 3 compensation of Rs.4,25,477/- and Solitium amount as Rs.4,25,477/-total amount as Rs.8,50,954/-. That thereby proposed that if he submitted his assent in proforma 'B' then the said land as holding by him may be proposed to purchase as per the project in the name of state Government. The said authority further stated that as per the assent as submitted by the Hemkaran Temburkar, the sale deed would be executed within a period of one year and the consideration amount would be paid at the time of registration of the sale deed. Thereafter on 17.08.2021 the son of the Hemkaran Temburkar as petitioner named Vishal Temburkar has urkar has submitted an application that the compensation of Rs.8,50,954/- as held by the official letter dated 26.04.2017 sent by the Collector (Land acquisition Department) Rajnandgaon, prepared in the name of his father Late Hemkaran Temburkar who died on provide the dated requested 1509541-A4 compensation of an amount Rs.8,50,954//along with interest of the 13.03.2010 therefore to acquisition land within a period of 15 days as the Collector District Rajnandgaon. submitted to the Collector District Rajnandgaon. Thereafter on dated 23.12.2024, petitioner Vishal Temburkar has submitted application that the compensation of Rs 8,50,954/- as held by the official letter dated 26.04.2017 sent by the Collector (Land acquisition Department) Rajnandgaon, prepared in the name of his father Late Hemkaran Temburkar who died to dated on 4 13.03.2010 as therefore requested to provide the compensation of an amount Rs.8,50,954/ along with interest of the acquisition land submitted the Collector District Rajnandgaon further mentioned that earlier he has submitted the letter dated 17.08.2021 for providing compensation along with interest but till date, he has not provided compensation along with interest of acquisition land. 3. On 24.12.2024 the petitioner named Vishal Temburkar has submitted an application that the compensation of Rs.8,50,954/- as held by the official letter dated 26.04.2017 sent by the Collector (Land acquisition Department) Rajnandgaon, prepared in the name of his father Late Hemkaran Temburkar, who died on dated 13.03.2010, therefore requested to provide the compensation of an amount Rs.8,50,954/- along with interest of the acquisition land as submitted to the Tahsildar Dongargarh, of District Rajnandgaon and further mentioned that earlier he has submitted the letter dated 17.08.2021 for providing compensation along with interest but till date, he has not provided compensation along with interest of acquisition land. 4. 4. On 08.01.2025, on behalf of Collector Rajnandgaon, the Joint Collector Rajnandgaon has sent an official letter No 179/ Land acquisition /2025 to the executive engineer PWD Department Rajnandgaon to spot inspection by the Joint committee and submit the report of the acquisition of land for the widening of the road of 5 Tumidih Dongargarh way to at Village Baghiyatola Baghiyatola Tahsil Dongargarh as per the application for providing compensation applied by the effected party Vishal Temburkar and a copy of such official letter No 179/ land acquisition/2024 Rajnandgaon dated 08.01.2025 has been sent by the said authority Joint Collector Rajnandgaon to the Vishal temburkar by the official letter No 180/ Land acquisition 2025, but after the lapse of 8 months the petitioner has not provided the compensation of the acquired land. 5. Learned State counsel contended that the instant petition may be disposed of with direction to the concerned authority to decide the representation made by the petitioner dated 23.12.2024, in accordance with law. 6. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 7. Considering the facts of the case and submission made by counsel for the respective parties, this writ petition is disposed of with direction to respondent No.1 – Collector, District Rajnandgaon (C.G.) to consider and decide the representation/letter made by the petitioner on 23.12.2024 (Annexure P-5) expeditiously preferably within an outer limit of ‘90 days’ from the date of receipt of copy of 6 this order, in accordance with rules, regulations and law. If there is no legal impediment. 8. With the aforesaid direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant