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2025:CGHC:2633
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5820 of 2024 1 - Shobha Agrawal S/o Late Goverdhan Agrawal, Aged About 68 Years R/o Village-Bilha, Tahsil-Bilha, District-Bilaspur (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District-Raipur (C.G.) 2 - The Collector, Bilaspur, District-Bilaspur (C.G.) 3 - The Sub-Divisional Officer (Revenue) And Land Acquisition Officer, Bilha, District- Bilaspur (C.G.) 4 - The Executive Engineer, Public Works Department, Division No.1, Bilaspur, District-Bilaspur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Gaurav Singhal, Advocate For Respondents/State : Ms. Upasana Mehta, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board
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1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities for payment of compensation with respect to the land of the petitioner which has been utilized for construction of a road from Chakarbhatha to Dagauri.
2.
Learned counsel appearing for the petitioner submits that the land bearing Khasra Nos. 1001, 1003/1 and 1003/2 owned by the petitioner has been utilized for construction of a road however, the compensation towards the land bearing Khasra Nos. 1001 and 1003/1 has been paid to the petitioner but no compensation has been paid towards the land bearing Khasra No. 1003/2 till date. He further submitted by referring the memo dated 10/09/2024 (Annexure P/5) issued by the SDO to the Executive Engineer, PWD in which it has been stated by the SDO that the land bearing Khasra No. 1003/2 owned by the petitioner was not included in the award passed under the Land Acquisition Act and the SDO intimated the Executive Engineer that the land acquisition proposal and Compensation Calculation Sheet has been forwarded for necessary action but neither the acquisition proceeding has been drawn nor the payment of compensation towards the said land has been made till date.
3.
Learned counsel appearing for the State submits that if the land of the petitioner has been utilized and as the SDO has issued a memo to the Executive Engineer after verification and examination of the fact, necessary proceeding will be drawn in accordance with law.
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4. I have heard learned counsel for the parties and perused the pleadings made by the petitioner.
5. From perusal of the memo dated 10/09/2024, it appears that the land bearing Khasra No. 1003/2 area of 0.11 acre owned by the petitioner was excluded from the award dated 03/09/2014 passed under the Land Acquisition Act as it was not notified at the time of acquisition of the land.
6. It appears from the memo that the land in question has been utilized for construction of a road however the compensation towards the said land has not been paid to the petitioner.
7. In view of the above, it is directed that the Collector, Bilaspur or the SDO (Revenue), Bilha, District Bilaspur shall verify the fact raised by the petitioner and after proper examination and inspection of the land in question if they found that the land of the petitioner bearing Khasra No. 1003/2 has been utilized for the construction of the road, necessary steps be taken within a period of 30 days from the date of receipt of a copy of this order for acquisition of the land in question and necessary compensation be paid to the petitioner in accordance with law.
8. With the aforesaid observation and direction, this writ petition is
disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar