1 2025:CGHC:588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 18 of 2025 1 - Dhananjay Sahu S/o Shri Rameshwar Prasad Sahu Aged About 50 Years R/o Chaterjee Gali, New Sarkanda, Bilaspur, Distt. Bilaspur Chhattisgarh 2 - Pramod Sahu S/o Shri Rameshwar Prasad Sahu Aged About 48 Years R/o Chaterjee Gali, New Sarkanda, Bilaspur, Distt. Bilaspur Chhattisgarh 3 - Hemant Sahu S/o Shri Rameshwar Prasad Sahu Aged About 46 Years R/o Chaterjee Gali, New Sarkanda, Bilaspur, Distt. Bilaspur Chhattisgarh 4 - Mahendra Sahu S/o Shri Rameshwar Prasad Sahu Aged About 45 Years R/o Chaterjee Gali, New Sarkanda, Bilaspur, Distt. Bilaspur Chhattisgarh 5 - Prakash Sahu S/o Shri Rameshwar Prasad Sahu Aged About 44 Years R/o Chaterjee Gali, New Sarkanda, Bilaspur, Distt. Bilaspur Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, Distt. Raipur, Chhattisgarh 2 The Collector, Bilaspur Distt.- Bilaspur (Chhattisgarh) 3 The Sub-Divisional Officer (Revenue) Cum Competent Authority Land Acquisition (National Highways) Bilaspur, Distt.- Bilaspur (Chhattisgarh) 2 4 National Highways Authority Of India Through Project Director, Project Implementation Unit, Bilaspur Distt.- Bilaspur Chhattisgarh 5 Regional Officer National Highways Authority Of India, Regional Office, Raipur (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Ms. Akanksha Singh, Advocate For Respondent(s) / State : Shri Santosh Bharat, P.L. For Respondents No. 4 & 5 Shri Gary Mukhopadhyay, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 06/01/2025 1. Heard on admission. 2. This petition has been preferred by the petitioners under Article 226/227 of the Constitution of India, seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondents to calculate and release the amount of compensation for the land acquired bearing khasra no. 256 and some part of khasra No.257 which were in rakba 891 sq.mtr. and 100 sq. mtr. respectively which is about total 991 sq. mtr. without any further delay, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to pay interest along with 18% on the compensation from the date of acquisition, in the interest of justice. 10.3 That, the respondents may kindly be directed to decide the pending representations of the petitioner Annexure P/1 (Colly) and P/6 within a period 3 of 90 days, in the interest of justice. 10.4 Any other relief which this Hon'ble Court may deem fit and proper in favour of the petitioner may kindly be passed. 10.5 Cost of the petition may be awarded.” 3. Learned counsel for the petitioner submits that the some part of land of petitioner from Khasra No.183/2 ka/1 and some part of Khasra No.257 area 891 sq. mtr. and 100 sq. mtr. respectively, situated at village Sakri District Bilaspur (C.G.) has been acquired by the respondents No.4 & 5 for construction of Pendridih - Patthrapali National Highway 111/130. Petitioner has not been paid any compensation in lieu of acquisition made, no award has been passed. It is further submitted by the counsel that petitioner has filed the representation (Annexure-P/1) dated 10.01.2024, but the same has not been decided by the respondent authorities. He further submits that petitioner is ready to file fresh representation, therefore, he prays that this petition may be disposed of directing respondent authorities to decide his representation in accordance with law, within a period specified by this Court. 4. On the other hand, learned counsel appearing for their respective respondents have raised their objection. 5. Property right is a constitutional right under Article 300 A of the Constitution of India, as such, no person can be deprived from his property without following due process of law. If land of the petitioner has been utilized for construction of road, then necessary acquisition proceeding ought to have been done and compensation ought to have been provided to the petitioner by the respondent authorities, but as per the petitioner, no such act has been done by the respondent authorities. 6. Having considered the aforesaid facts and limited prayer made by the petitioner, this petition is disposed of granting liberty to the petitioner to file fresh representation within a period of 15 days from today before the respondent authorities, for redressal of his grievance. Thereafter, the 4 respondent authorities/competent authority are directed to consider and decide the same within a further period of 90 days and take recourse to law and also provide compensation to the petitioner, if his land has been utilized for construction of the said road. 7. It is further observed that this Court has not expressed any opinion on the merits of the case. 8. With aforesaid observation and direction, this petition stands disposed of. 9. The pending application(s), if any, also stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti