1 2025:CGHC:19759 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 855 of 2023 1 - Shoukhi Lal Patel S/o Ruru Ram Patel, Aged About 55 Years R/o Village And Post Dhuma, District - Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Road Transport And Highways New Delhi (India) 110001. 2 - National Highway Authority Of India, Through Project Director, Project Implementation Unit, Bilaspur, District - Bilaspur Chhattisgarh. 3 - Sub Divisional Officer (R) - Cum - Land Acquisition Officer, Bilaspur, District Bilaspur Chhattisgarh. 4 - Collector, Bilaspur, District - Bilaspur Chhattisgarh. 5 - Tahsildar, Bilaspur, District - Bilaspur Chhattisgarh. ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Sushobit Singh, Advocate. For Respondent(s)/State : Mr. Santosh Bharat, Panel Lawyer. For Respondent No. 2 : Mr. Dhiraj Kumar Wankhede, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30/04/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue a suitable writ, order, directions and direct the respondent/state authorities to initiate the acquisition proceedings over the petitioners' land bearing khasra no. 428/1 and the respondents may be further directed to conclude the acquisition proceedings within a stipulated period of time and pass award and disburse compensation in favour of the petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to acquire the petitioner's land by following due process of law and by publishing notification and the respondents be further directed to pass final award and grant suitable compensation in lieu of the acquisition of petitioner's land. 3 10.3 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed.” 2. Brief facts of the case, is that, the petitioner is the owner of the land bearing Khasra No. 428/1, which he purchased through a registered sale deed. The respondents, being state authorities, initiated acquisition proceedings for the construction of National Highways and had earlier acquired land and passed awards on 03.09.2012 and 20.12.2017 respectively. However, after the award dated 20.12.2017, the respondents acquired and took possession of an additional area measuring approximately 0.039 hectare from the petitioner’s land (Khasra No. 428/1) without passing any further award or paying compensation. This unauthorized acquisition was later confirmed by a spot inspection and demarcation conducted by the revenue authorities, who submitted a report affirming that the additional land had been taken for the highway project. Despite submitting various representations to the authorities, no action was taken until the matter was finally acknowledged and investigated through official inspection. As the statutory process of acquisition remains incomplete, with no award or compensation for the additional acquired land, the petitioner has filed the present writ petition seeking directions to the respondent state authorities to fulfill 4 their mandatory statutory duties by concluding the acquisition process through passing of the necessary award and disbursement of compensation. He further submits that petitioner by way of this petition has prayed for a direction to the respondent state authorities to acquire the land of petitioner by following due process of law pass a final award and disburse the compensation to the petitioner. 3. Learned counsel for the petitioner submits that the petitioner was Bhumiswami of the land bearing Khasra No.428/1 situated at Village Dhuma, District Bilaspur. He further submits that the respondent authorities initiated the proceedings of acquisition on the part of petitioner's land and passed the final award on 03.09.2012. He further submits that thereafter the additional portion of petitioner land out of the same Khasra Number was acquired and final award was passed on 20.12.2017. He further submits that the land of petitioner was acquired for the widening of the construction of road by the respondents. He further submits that after the acquisition of petitioner land vide award dated 20.12.2017, additional area out of the same Khasra numbers i.e. Khasra No.428/1 was acquired and it was found in the demarcation report dated 12.11.2021, that the respondent state authorities have additionally acquired and obtained possession for the construction of road. It is submitted that as per 5 the demarcation report dated 12.12.2021, additional area of about 0.039 hectare was acquired for the construction of road out of Khasra No.428/1 for which the compensation to the petitioner was not paid. He further submits that the demarcation report is already on record. He further submits that in the matter of Ankit Jain Versus Union of India passed in WPC No.447/2022 on 02.02.2022, this Hon’ble Court has directed the State respondents to conduct a fresh demarcation and ascertain the exact area of the land, which stand acquired. Subject to the verification and carrying out the exercise of demarcation, it was directed to the State authorities to initiated proper acquisition proceedings passed final award and disburse compensation. Hence, this petition. 4. On the other hand learned counsel for the respondents opposes the same. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Given the dispute that the petitioner has raised in the present Writ Petition, this Court is of the opinion that instead of keeping the Writ Petition pending it would rather be in the interest of all if the present Writ Petition itself is disposed of at this juncture directing the petitioner to approach before the concerned authority ventilating his grievance by moving appropriate 6 application highlighting the fact that his properties or the portion of his property stand acquired for the construction of the National Highway. 7. Subject to the petitioner approaching the concerned respondent authority in this regard, the concerned respondents are expected to immediately scrutinize the claim of the petitioner and demarcate the properties of the petitioner so as to ascertain the extent of his property which stand acquired. If it is found that the Petitioners' property has been acquired for the purpose of construction of road, let necessary steps be taken by concerned respondents for the demarcation of the subject property or by necessary steps under the Right to Fair Compensation and Transparency in Land. Acquisition, Rehabilitation and Settlement Act, 2013 compensating the petitioner for the land which stand acquired. 8. Let the entire exercise be concluded by the respondent authorities after due scrutiny and enquiry as required, within an outer limit of one year from the date the petitioner approaches the respondents in this regard. 9. It is made clear that this Court has not observed anything on merits. 10. With the aforesaid direction/observation, the Writ Petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat