1 2025:CGHC:11848 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5768 of 2022 1 - Indersai S/o Late Jailal Aged About 70 Years R/o Odgi, Ps And Tahsil Baikunthpur, District - Koriya Chhattisgarh. 2 - Ramsewak S/o Late Jailal Aged About 62 Years R/o Odgi, Ps And Tahsil Baikunthpur, District Koriya Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Naya Raipur , District Raipur Chhattisgarh. 2 - The Collector, District Koriya Chhattisgarh. 3 - The Sub Divisional OfÏcer Cum Land Acquisition OfÏcer, Baikunthpur, District Koriya Chhattisgarh. 4 - The Chief Engineer, Public Works Department, National Highway, Zone Raipur, District Raipur Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.21 20:55:51 +0530 2 ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Hemant Kumar Agrawal, Advocate. For Respondent/State : Shri Santosh Bharat, Panel Lawyer. For Respondent No. 4 : Shri Ramakant Mishra, DSGI. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 10.03.2025 1. By the present writ petition, the petitioner is seeking for following reliefs:- 1. This Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondents to conduct fresh demarcation of the acquired land from the petitioners in the presence of the Petitioners to find out the actual area acquired, in the interest of justice. 2. This Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondents to decide the objection of the petitioners (Annexure P/5) within a stipulated period of 30 days, in the interest of justice. 3. This Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondents to correct the nature of land of the petitioners as irrigated land, and calculate compensation accordingly. 4. This Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondents to calculate and grant compensation apropos the acquisition of land of the petitioners at par with the adjacent lands as per the provision of Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013, in the interest of justice. 3 5. This Hon'ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case. 2. Learned counsel appearing for the petitioner would submit that though the present writ petition has been filed by the petitioner for enhancement of compensation, however, he prays that the writ petition be disposed of with a direction to the respondent to release the compensation amount as awarded vide order dated 04.10.2018 (Annexure P/2). Learned counsel for the petitioner submits that though the land bearing Khasra No. 895 admeasuring 0.07 hectare situated in Village Cherwapara, P.H.N. 5, R.I. Circle Sardi, Tahsil Baikunthpur District: Koriya has been acquired for construction of National Highway and award has been passed on 04.10.2018, but till date the said compensation amount has not been released to the petitioner. 3. Learned counsel appearing for the respondents submits that as far the award of the land in question is concerned, the award has been passed on 04.10.2018 and the petitioner can approach appropriate authority for release of the compensation as award dated 04.10.2018 by approaching appropriate authority and if the petitioner will approach for release of the compensation as awarded on 04.02.2022, the same shall be considered in accordance with law. 4. I have heard learned counsels for the parties. 5. In view of the limited prayer made by the petitioner as well as the submission made by the learned counsel for the respondents, the writ petition is disposed of with a direction to the petitoner to 4 approach the appropriate authority for release of the compensation amount as supplementary award by the Land Acquisition OfÏcer on 04.02.2022. The petitioner shall approach the appropriate authority by filing an application. In case of filing such application the appropriate authority shall consider the grievance of the petitioner and if the amount is not in dispute, the same be disbursed to the petitioner by examining and verifying the claim raised by the petitioner within a period of 45 days from date of filing of such application. The petitioner is at liberty to approach the appropriate authority in accordance with law as far as enhancement of the compensation is concerned. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib