1 2025:CGHC:19763 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1445 of 2024 1 - Smt. Rameshwari Verma Wife Of Hem Singh Verma Aged About 54 Years Resident Of House No. 115-B, Maharana Pratap Ward, Near Water Tank, Tahsil And District - Mungeli, Chhattisgarh. 2 - Balbhadra Sahu Son Of Ramsingh Sahu Aged About 46 Years Resident Of Village Adhiyarkhor, Tahsil Navagarh, District - Bemetara, Chhattisgarh. 3 - Dileshwar Yadav Son Of Tijau Yadav Aged About 58 Years Resident Of Village Adhiyarkhor, Tahsil Navagarh, District - Bemetara, Chhattisgarh. 4 - Devendra Singh Son Of Ranjan Singh Aged About 58 Years Resident Of Village Adhiyarkhor, Tahsil Navagarh, District - Bemetara, Chhattisgarh. 5 - Shobharam Son Of Hathiram Aged About 48 Years Resident Of Village Adhiyarkhor, Tahsil Navagarh, District - Bemetara, Chhattisgarh. 6 - Shivnandan Son Of Rajaram Aged About 39 Years Resident Of Village Adhiyarkhor, Tahsil Navagarh, District - Bemetara, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 7 - Rajaram Son Of Kunjram Aged About 40 Years Resident Of Village Adhiyarkhor, Tahsil Navagarh, District - Bemetara, Chhattisgarh. 8 - Vijay Singh Rajput Son Of Late Poshagilal Rajput Aged About 60 Years Resident Of Village Adhiyarkhor, Tahsil Navagarh, District - Bemetara, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Department, Mantralaya Mahanadi Bhawan, Naya Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through Secretary, Department Of Public Works Department, Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh. 3 - Collector Bemetara, District - Bemetara, Chhattisgarh. 4 - Sub Divisional Officer (Revenue) And Land Acquistion Officr Navagarh District - Bemetara, Chhattisgarh. 5 - Tahsildar Tahsil Navagarh, District - Bemetara, Chhattisgarh. 6 - Chief Executive Engineer Public Works Department, Bemetara, District - Bemetara, Chhattisgarh. 7 - Executive Engineer Public Works Department, Bemetara Division Navagarh, District - Bemetara, Chhattisgarh. ... Respondent(s) 3 For Petitioner(s) : Mr. C. K. Sahu, Advocate. For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30/04/2025 1. By way of this petition, the petitioners have prayed for following reliefs:- “i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to decide the representations and to pay awarded compensation to the petitioners on account of acquisition of their respective agricultural land for the purpose of construction of Road from Chakapendra-Gadamor to Pratappur as per guidelines the year 2019-20 of present market valuation within stipulated time, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to make payment of compensation in favour of the petitioners in lieu of acquiring their respective land as per guidelines the year 2019-20 with 18% interest within stipulated time, in the interest of justice. (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Facts of the case, in a nutshell, are that the petitioners are 4 permanent residents as mentioned in the cause title of this petition. They were in peaceful possession of their respective lands, cultivating paddy and vegetables, and their names were duly recorded in the revenue records. The respondent authorities acquired the petitioners’ aforesaid lands during the years 2018– 2019 for the purpose of constructing a road from Chakapendra- Gadamor to Pratappur. However, the compensation awarded by the authorities, as per award dated 14.09.2020, was grossly inadequate and unsatisfactory. In accordance with the provisions of the relevant Act, the respondent authorities are failed to properly determine and pay the compensation amount. Despite repeated requests and representations made by the petitioners to the concerned authorities, compensation as per the 2019–2020 guidelines has not been paid. The action of the respondent authorities are illegal, arbitrary, and contrary to the settled principles of law, thereby depriving the petitioners of their lawful right to just compensation for the acquisition of their respective lands. 3. Learned counsel for the petitioner submits that the acquisition of the petitioners' agricultural lands by the respondent authorities in the year 2018–2019 for the purpose of road construction from Chakapendra-Gadamor to Pratappur was done in blatant violation of the mandatory provisions of the Land Acquisition Act 5 and in utter disregard to the petitioners’ constitutional rights. He further submits that no proper opportunity of hearing was ever granted to the petitioners, nor was any notification issued under the relevant provisions of the Act, thereby rendering the entire acquisition process are illegal and void ab initio. The petitioners are registered owners of the subject lands, as recorded in the revenue records, and were in continuous peaceful possession, cultivating paddy and vegetables, until the said lands were arbitrarily taken over by the respondents. He further submits that no compensation has been paid to the petitioners till date, despite repeated representations and requests made to the authorities. He further submits that while other similarly situated landholders in the same village have received compensation as per the norms of Section 25 of the Land Acquisition Act, the petitioners have been discriminated against without any justification. The compensation, if any awarded vide Award dated 14.09.2020, is grossly inadequate and not in conformity with the provisions of the Act, especially Section 25 which mandates just and fair compensation. The non-consideration of objections and representations submitted by the petitioners and the refusal to pay compensation till date reflects an arbitrary and unjust exercise of power by the respondents. It is further contention of learned counsel for the petitioner that Article 300-A of the 6 Constitution of India guarantees that no person shall be deprived of his property save by authority of law. The respondent authorities have grossly violated this constitutional mandate by acquiring the land of the petitioners without following due process and without payment of compensation. The action of the respondents is not only illegal and arbitrary but also contrary to the settled principles of natural justice, equity, and fair play. At this stage learned counsel for the petitioner submits that petitioner is praying limited relief seeking a direction to respondent – authorities to decide the representation submitted by him within some stipulated period. 4. Learned State counsel submits that the petitioners were the recorded owners of agricultural lands which were acquired for the public purpose of constructing a road from Chakapendra- Gadamor to Pratappur, a development project of strategic and public importance. It is submitted that while the petitioners have alleged non-compliance with the provisions of the Land Acquisition Act, the acquisition was undertaken in accordance with the demarcation report and under the competent authority's supervision. However, if any procedural lapses or delay in compensation payment have occurred, such omissions are not deliberate, and the authorities are prepared to take corrective measures as per law. It is further contention of learned State 7 counsel that the petitioners have not challenged the public purpose of the project nor disputed the need for acquisition, but have confined their grievance to the issue of compensation and rehabilitation. The State acknowledges the petitioners’ right to fair compensation and proper rehabilitation, and assures this Hon’ble Court that the matter will be duly considered. It is further submitted that the State is committed to upholding the principles of equity, justice, and constitutional rights, including those enshrined under Article 300-A of the Constitution of India. In this context, the authorities are willing to revisit the petitioners’ representations and assess the compensation due, in accordance with the applicable provisions of the Land Acquisition Act and relevant guidelines. The respondents, therefore, pray that the Hon’ble Court may be pleased to direct the petitioners to submit all relevant documents and claims before the appropriate authority, and may further be pleased to direct the competent authority to expedite the compensation and rehabilitation process, subject to verification of records and eligibility. The State further submits that any discrepancy or hardship caused to the petitioners was not intentional and assures that, if found eligible, the petitioners will not be denied their lawful entitlements under the law. 5. I have heard learned counsel for the parties and also perused the 8 documents annexed along with the record. 6. Considering the facts and circumstances of the case and further having considered the submissions of both parties and without entering into the merits of acquisition or entitlement at this stage, this Court is of the view that the limited relief sought by the petitioners deserves to be allowed. 7. Accordingly, the writ petition is disposed of with a direction that the petitioners’ representation(s) regarding compensation and rehabilitation shall be considered and decided by the competent respondent authority in accordance with law. The said exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. The decision so taken shall be duly communicated to the petitioners. 8. It is made clear that this Court has not expressed any opinion on the merits of the case. All rights and contentions of the parties are left open. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat