1 2025:CGHC:50778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5349 of 2025 1 - Lalit Kumar Sav S/o Dharam Singh Sav Aged About 70 Years R/o Village Kanshichua, Post Dongitarai, Tehsil And Distt. Raigarh, Chhattisgarh. ... 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, Distt. Raipur, Chhattisgarh. 3 - Collector Raigarh, Distt. Raigarh, Chhattisgarh. 4 - Sub Divisional Officer (Revenue) Cum Competent Authority For Land Acquisition Raigarh, Distt. Raigarh, Chhattisgarh. 5 - Tahsildar Tahsil Raigarh, Distt. Raigarh, Chhattisgarh. ----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 0.0405 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 0.202 hectares of the petitioner's land vide Award dated 19.06.2019, however, only 0.161 hectares has been utilized for road construction, leaving 0.0405 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. 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 return back the unutilized acquired land belonging to the petitioner as total 0.0405 hectares. If the petitioner files a representation before the concerned Land Acquisition Officer, the same 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:- 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 3 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 petitioner to file representation before the concerned Land Acquisition Officer/respondent No. 4 within a period of 15 days from the date of receipt of copy of this order, inturn the respondent No. 4 shall decide the representation of the petitioner as expeditiously as possible in accordance with law /rules /regulations after giving sufficient opportunity of hearing to the concerned persons. 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 Jyoti