Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:48909
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5052 of 2025 Jashwant Sahu S/o Late Shri Bhaiuyaram Sahu Aged About 58 Years R/o Ward No. 5, Pandepara, Balod, Tahsil And Distt. Balod, Chhattisgarh. ... Petitioner(s) versus 1 - Union Of India Through Divisional Railway Manager, South East Central Railway Bilaspur, Distt. Bilaspur, Chhattisgarh. 2 - Senior Section Engineer (Railway) South East Central Railway, Balod, Distt. Balod, Chhattisgarh. 3
-Collector
Balod,
Distt. Balod,
Chhattisgarh. 4 - Sub-Divisional Officer (Revenue) Balod/land Acquisition Officer, Balod,
Distt. Balod,
Chhattisgarh. 5 - Tahsildar Balod, Distt. Balod, Chhattisgarh. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Punit Ruparel, Advocate. For respondent-Union of India : Mr. Ramakant Mishra, Dy. SG. For Respondent-State : Mr. Anurag Tripathi, PL. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 24.09.2025
2
1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs:
“10.1. That the Hon'ble Court may kindly be pleased to direct the respondent authority to settled the land acquisition case of the petitioner and grant compensation to him in lieu of land acquired by respondent authority i.e. khasra No. 210 apart of land 0.35 acre (as mentioned above) within stipulated time. 10.2 That the Hon'ble Court may kindly be pleased to call the entire record pertaining to the case of the petitioner. 10.3 Any other relief, which may deem fit and proper in the circumstances of the case, in the interest of justice.”
2. Learned counsel appearing for the petitioner contended that the petitioner is having ancestral property at village -Balod Patwari Halka No. 06, Rajasw Nigam Mandal/Tehsil of the District -Balod, (CG) agricultural land bearing khasra no.210, out of which, 0.35 acre (35 dismil) land has been acquired by the respondent- authority for lying down the railway track in the year 1955-56, however, respondent No.5 sent the revenue case No. 202307241000042/A-6/(A)/2022-23 dated 13.02.2023 to respondent No.4 for settlement of petitioner’s case regarding compensation, but till that compensation has not been received by the petitioner. Hence, petitioner has came-up before this Court with aforesaid prayer. 3. Learned State Counsel contended that petitioner has not made any representation before the respondent/Land Acquisition Officer
3 with regard to grant of compensation, if petitioner files the representation before the respondent/Land Acquisition Officer, same shall be considered and decided in accordance with relevant rules/law. 4. Heard learned counsel for the parties. 5.
Considering facts of the case, nature of relief, submissions of counsel for the parties, particularly the submission that 0.35 acre land has been acquired by the respondent-authority for lying down the railway track and till date compensation has not been given to him, writ petition is disposed of at this stage permitting the petitioner to file detailed representation alongwith relevant documents before respondent No.4 within 15 days from the date of receipt of copy of this order. If such representation is filed by petitioner, respondent No.4 is directed to consider and decide the same, subject to verification, in accordance with relevant rules/law/regulation within an outer limit of '06 months’ from the date of receipt of copy of representation, if there is no any legal impediment. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- Sd/- (Arvind Kumar Verma)
Judge J/-