1 2025:CGHC:50779 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5335 of 2025 1 - Nimish Kumar Sav S/o Lalit Kumar Sav, Aged About 40 Years R/o Village- Kanshichua, Post- Dongitarai, Tahsil And District Raigarh (C.G.) ... Petitioner(s) versus 1 - Union Of India Through The Secretary, Ministry Of Road Transport And Highways, Transport Building, 1- Parliament Street, New Delhi- 100011 2 - Regional Officer, Ministry Of Road Transport And Highways, Regional Office, Pension Bada, Raipur District Raipur (C.G.) 3 - Collector, Raigarh, District Raigarh (C.G.) 4 - Sub Divisional Officer (Revenue) Cum Competentt Authority For Land Acquisition, Raigarh, District Raigarh (C.G.) 5 - Tahsildar, Tahsil- Raigarh, District Raigarh (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Mahima Chandra and Ms. Astha Patel, Advocates. For Respondent- UOI : Ms. Shewta Rai, Advocate For Respondent-State : Ms. Akanksha Verma, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 13/10/2025 1. By way of the present writ petition, tthe petitioner is not challenging any particular order but seeking a direction from this Hon'ble Court directing the respondent authorities to return back the unutilized acquired land Digitally signed by JYOTI JHA Date: 2025.10.14 16:51:01 +0530 2 belonging to the petitioner as total 0.284 hectares which has not been utilized for the National Highway widening project, despite being acquired under the National Highways Act, 1956. The petitioner is ready to refund the compensation received for the said unutilized portion. The respondents acquired a total of 0.682 hectares of the petitioner's land vide Award dated 26.06.2019, however, only 0.400 hectares has been utilized for road construction, leaving 0.284 hectares unutilized. The petitioner, who is an agriculturist, seeks return of the unutilized land so that he may cultivate it for livelihood. He is ready and willing to refund the proportionate compensation already received. The cause of action further arose when one Venudhar Sahu, by fraudulent means, attempted to get the petitioner's land (Khasra No. 424/2) mutated in his name, thereby creating an illegal dispute and jeopardizing the petitioner's rights. Despite representation dated 20.01.2021, the respondent authorities have failed to act. Hence this petition. 2. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent-authorities to consider the pending representation, they are having no objection to the limited prayer. The pending representation dated 20.01.2021 shall be considered in accordance with law. 3. I have heard learned counsel for the parties and perused the material available on record. 4. Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides as under:- 3 101 Return of unutilised land:- When any land acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be prescribed by the appropriate Government. Explanation.--For the purpose of this section, Land Bank means a governmental entity that focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and tax-delinquent properties into productive use. 5. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the concerned respondent No. 4 to consider/decide the representation of the petitioner dated 20.01.2021 (Annexure P-3) as expeditiously as possible in accordance with law /rules /regulations. 6. It is made clear that this Court has not expressed anything on the merits of the case. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge