-1- 2025:CGHC:20415 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPC No. 28 of 2019 1 - Smt. Shanti Bai D/o Shri Surjan Ram Aged About 41 Years Caste Urao, R/o Village Banjari, Tehsil- Katghora, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Petitioner versus 1 - Union of India Through Secretary of Ministry of Road, Transport And Highways Government of India, New Delhi., District : New Delhi, Delhi. 2 - National Highway Authority of India Through Its Project Director, National Highway No. 111 (New N.H.-130), Bilaspur-Ambikapur Section (By-Pass), District- Korba, Chhattisgarh. 3 - State of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur/atal Nagar, Disrtict- Raipur, Chhattisgarh. 4 - The Collector Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh. 5 - Competent Authority-Cum-Sub Divisional officer (Revenue And Land Acquisition officer), Katghora, District- Korba, Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Sanjay Patel, Advocate For Union of India : Mr. Tushar Dhar Diwan, Central Government Counsel For State : Mr. Pramod Ramteke, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board -2- 05.05.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.1 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue a writ of Mandamus or any other appropriate writ against the respondents direct them to grant the petitioner Ол 1956 or return the land of the petitioner after excavating the compensation in lieu of her land under National Highways Act, construction of road. 10.2 Any other relief which this Hon'ble Court may deem fit.” 2) Learned counsel appearing for the petitioner submits that the land of the petitioner, bearing Survey No. 114/2, admeasuring 0.142 hectare, situated at Village Banjari, District Korba, was not included in the survey list of the National Highways and during the course of settlement, the said land was also not included in the notification issued by the National Highways Authority. He further submits that a direction may be issued to the concerned Tehsildar to pass an appropriate order, and the petitioner may be permitted to submit an application before the concerned authorities. He also submits that according to the memo issued by the Office of the Tehsildar particularly Clause 7, the Tehsildar may be directed to rectify the revenue record. 3) On the other hand, learned counsel for the respondents opposes the submission made by counsel for the petitioner and submits that the land of petitioner has not been acquired by the National Highways Authority. Therefore, the petitioner is not entitled for any compensation. -3- 4) Taking into consideration the fact that there is a clerical mistake in the revenue records as observed by the Tehsildar in the memo dated 26.05.2018, the petitioner is permitted to file an application before the concerned Tehsildar for rectification/modification of the revenue records. The authorities are accordingly directed to pass an appropriate order strictly on the basis of original revenue records. 5) The entire exercise shall be completed preferably within a period 90 days. 6) If it is found that the land of the petitioner has been used for the construction of the National Highway, the petitioner would be at liberty to take appropriate steps. 7) With the aforesaid observation(s) and direction(s), the writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) Judge NADIM