1 / 4 2025:CGHC:55006 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5797 of 2025 • Smt. Rachna Tyagi W/o Avanish Tyagi Aged About 56 Years R/o Ward No. 15, Near Rathi Dal Mill, Abhanpur, Tahsil Abhanpur, District- Raipur (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Department Of Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur District- Raipur (C.G.) 2. State Of Chhattisgarh Through The Secretary, Revenue Department Mahanadi Bhawan, Mantralaya, New Raipur District - Raipur (C.G.) 3. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development Mahanadi Bhawan, Mantralaya, New Raipur District - Raipur (C.G.) 4. The Collector District - Raipur (C.G.) 5. The Sub Divisional Officer Cum Land Acquisition Abhanpur, District - Raipur (C.G. 6. The Tehsildar Abhanpur, District - Raipur (C.G.) 7. Regional Officer RO- Raipur National Highway Authority Of India Plot No. 1/21 Anupam Nagar, Tv Tower Road, Raipur 492006 Chhattisgarh 8. The Project Director National Highway Authority Of India Vip Estate Shankar Nagar, Raipur District- Raipur (C.G.) ... Respondents For Petitioner : Mr. Hemant Kumar Agrawal, Advocate For Respondents-State For Respondent-NHAI : : Mr. Rishabh Bisen, Panel Lawyer Mr. Dhiraj Wankhede, Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/11/2025 1. Petitioner has filed this writ petition seeking following reliefs. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 4 “10.1 This Hon'ble Court may kindly be pleased to call all the records of the acquired land which is situated at village Abhanpur P.H. No. 15, Khasra No. 1109/13, area 0.010 hectare in the name of petitioner. 10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the respondent no. 1 to 8, they give appropriate compensation amounts about the acquired land, to the Petitioner in the interest of justice, OR 10.3 This Hon'ble Court may kindly be pleased to direct the Respondent Authority they decide representation/objection of the petitioner (Annexure P/1 dated 09.10.2018,) within stipulated period. 10.4 This Hon'ble Court may kindly be pleased to direct the Respondent Authority no. 1 to 8, as per the notification dated 04.02.2022 of respondent no. 3 that the award be given with 18% interest of the acquired aforementioned land of the petitioner, from the land acquired year in the interest of justice. 10.5 That, the Hon'ble High Court kindly take punitive action against the erring officer(s) who have not taken steps in this regard. 10.6 This Hon'ble Court may further be pleased to pass an appropriate order or issue a writ as deemed fit under the facts and circumstances of the case.” 2. Learned counsel for petitioner submits that the petitioner is not challenging any particular order but is aggrieved by the act of respondents wherein private ownership land of petitioner is not acquired as per provisions of Land Acquisition Rehabilitation and Resettlement Act, 2013 or any other contemporaneous legislation, the respondents have unlawfully occupied the land. Nor any compensation has been paid in this regard. He submits that petitioner is the owner of the land situated in Village Abhanpur, Revenue circle & Tahsil Abhanpur, District: Raipur marked in khasra No. 1109/13 (admeasuring 0.010 hact). Name of petitioner is recorded in the revenue records. The land of petitioner came to be affected due to the construction of 3 / 4 government projects of bypass road from Raipur to Dhamtari. The adjacent lands of the petitioner were acquired as per provisions of Land Acquisition Rehabilitation and Resettlement Act, 2013, However, erroneously the land of petitioner was omitted from acquisition proceedings and no compensation is awarded. Petitioner submitted an objection before the Respondent No.3 giving information that his land is affected by construction of government projects, but no acquisition proceeding were drawn, hence the acquisition proceeding are liable to be drawn and due compensation is liable to be paid to the petitioner. The concern patwari made spot inspection panchnama mentioning that the questioned lands are proposed for acquisition for construction of National Highway. The Revenue Inspector presented the enquiry report with regard to the questioned lands to the Tahsildar (Respondent No.6) and opined that from Khasra no. 1109/13, an area of 0.010 hectare is affected. On 22.06.2021, the Tahsildar forwarded a memo to Respondent No. 3 for necessary action regarding the land of petitioner. On 09.10.2018. Petitioner made a representation before Respondent No. 5 on 20.07.2022, on which Respondent No. 5 directed the concerned authority to submit a report after spot verification. Upon the instructions, the concerned patwari submitted spot inspection report stating that in land Khasra no. 1109/13 an area of 0.010 hect. is affected. Thereafter, till date no action has been taken by the authority nor granted compensation in that regard. 3. Learned State Counsel submits that looking to the grievance of petitioner, she may file a fresh representation raising her grievance and the same shall be considered and decided by the concerned authorities in accordance with law. 4. I have heard learned counsel for the parties and perused the documents enclosed along with writ petition. 5. Considering the facts and circumstances of the case, grievance of petitioner and submission made by learned counsel for the parties, I find it appropriate to dispose of this writ petition at this stage permitting the petitioner to file a 4 / 4 fresh representation along with the relevant documents before respondent No.5 – Sub Divisional Officer-cum- Land Acquisition Officer, Abhanpur, District Raipur (C.G.), respondents No. 7 & 8 authorities of the National Highway and in turn Respondents No. 5, 7 & 8 shall consider and decide the representation to be submitted by petitioner expeditiously in accordance with law, within an outer time frame of 06 months from the date of receipt of representation. 6. It is made clear that this Court has not expressed any opinion on merits of the case. It is for the concerned authorities to consider and decide the claim of petitioner on its own merit in accordance with law. 7. With the aforesaid observation and direction, writ petition stands disposed of. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE