-1- 2025:CGHC:8402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4270 of 2019 Khorbahrin Bai W/o Sukhlal Thakur Aged About 63 Years D/o Bishun , By Caste Halba , R/o Village Ureta, Tahsil Dondilohara, Distt. Balod Chhattisgarh., District : Balod, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary , Nagriya Prashashan And Vikas Vibhag , Mantralaya Raipur Chhattisgarh., District : Raipur, Chhattisgarh. 2 - The Collector Distt. Balod Chhattisgarh., District : Balod, Chhattisgarh. 3 - Sub Divisional Officer Public Work Department Balod Chhattigarh., District : Balod, Chhattisgarh. 4 - Naib Tahsildar Dondilohara , Distt. Balod Chhattigarh., District : Balod, Chhattisgarh. 5 - Patwari H. No. 39, Tahsil Dondilohara Distt. Balod Chhattigarh., District : Balod, Chhattisgarh. 6 - Gram Panchayat Kashi Through Its Secretary Tahsil Dondilohara, Distt Balod Chhattisgarh. 7 - Namita Markole Naib Tahsildar, Dondilohara, Distt. Balod Chhattisgarh., District : Balod, Chhattisgarh. 8 - Nirasha Kothari Sarpanch, Gram Panchayat Kashi , Tahsil Dondilohara, Distt. Balod Chhattisgarh. 9 - Devendra Kumar Gupta Patwari , H.No. 39, Tahsil Dondilohara , Distt. Balod Chhattisgarh. ---- Respondents Digitally signed by NADIM MOHLE -2- For Petitioner : Ms. Bhavika Kotecha, Advocate, holding the brief of Mr. Parag Kotecha, Advocate For State/ Respondents No.1 to 5 : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18.02.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10. In view of the facts and grounds mentioned above, the petitioner humbly and most respectfully prays for the following reliefs in the ends of justice that the Hon'ble Court may kindly be please to :- (i) direct the respondents, to initiate the proceeding acquisition proceeding and compensation be paid as per the provision of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013. (ii) in addition to relief no. 1, direct the respondent no. 1 to pay the compensation of Rs. 5,00,000/- to the petitioner for harassment and demolition and causing damage to the petitioner property and same be recovered from the respondent no. 7 to 9. (iii) direct the respondent no. I to intiate, the departmental enquiry against the respondent no. 7 and 9 for the illegal act done by them in demolishing the petitioner's boundary wall and without acquisition, constructed the drainage over night. (iv) direct the respondent no. 1 to Take action of removal of respondent no 8 from her post as a Sarpanch for an illegally act and action. (v) Any other relief which this Hon'ble court deems fit and proper under the fact and circumstances of -3- the case and in the interest of justice. The cost of the petition may be awarded in favour of the petitioner.” 2) Learned counsel appearing for the petitioner submits that respondents No.6 & 8 —Gram Panchayat Kashi, Tehsil Dondilohara, and then the Sarpanch- Nirasha Kothari, Sarpanch, Gram Panchayat Kashi—demolished the boundary wall of the petitioner without affording any opportunity of hearing, on 15.10.2019. She would contend that a notice was issued on 11.10.2019 to the petitioner and action was taken on 15.10.2019. She further contends that no opportunity of hearing was afforded and the land has been used for the construction of drainage. She prays that the respondents may be directed to acquire the land and provide suitable compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3) On the other hand, Mr. Shubham Bajpai, Panel Lawyer appearing for the State would oppose the submission made by Ms. Kotecha and submits that the petitioner has encroached the Government land, and that land has been used by the Gram Panchayat for construction of drainage. He contends that the petitioner may claim compensation by filing a civil suit. 4) Heard learned counsel for the parties and perused the documents. 5) In the present case, the petitioner has not placed on record any demarcation report to substantiate that a part of his Bhumi-Swami land was used for the construction of drainage, therefore, it cannot be held that the Gram Panchayat -4- used the private land of the petitioner. The petitioner should approach the learned civil Court to prove the fact that the land used by the Gram Panchayat belongs to her, and thereafter, she may claim compensation for the land used for construction of drainage. 6) Taking into consideration the above discussed facts, this petition is disposed of. However, the petitioner would be at liberty to take recourse to the law. Sd/- (Rakesh Mohan Pandey) Judge Nadim