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2025 DAILYLAW 55766 (CHH)

RAMJI SAHU v. STATE OF CHHATTISGARH

WPC/6389/2025 · 2025-12-16

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:61427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6389 of 2025 1 - Ramji Sahu S/o Shri Sadhuram Sahu Aged About 60 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 2 - Omkar Sahu S/o Rajtilak Sahu Aged About 29 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 3 - Rajtilak Sahu S/o Asharam Aged About 52 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 4 - Jagdev S/o Ramswarup Aged About 52 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 5 - Shesh Narayan S/o Faguram Aged About 32 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 6 - Bhanuram S/o Ramswarup Aged About 50 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 7 - Ramnath Sahu S/o Bhagirathi Aged About 62 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 8 - Devchand S/o Ghanshyam Aged About 32 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 9 - Smt. Kaushilya Bai W/o Ghanshyam Aged About 50 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.12.17 18:07:57 +0530 2 10 - Johan Sahu S/o Ramchandra Sahu Aged About 35 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 11 - Smt. Sunita Sahu W/o Tilochan Sahu Aged About 52 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 12 - Smt. Kumari Bai W/o Jhaggar Aged About 65 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 13 - Mahajan S/o Nandram Aged About 65 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 14 - Mantram S/o Ramswarup Aged About 37 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 15 - Lekhram S/o Ramswarup Aged About 35 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 16 - Lalit S/o Gariba Aged About 25 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 17 - Chaitram S/o Ramswarup Aged About 43 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 18 - Janku S/o Raspal Aged About 65 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 19 - Kripal S/o Budhram Aged About 60 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 20 - Awadhram S/o Dukhuwa Aged About 60 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 21 - Parganiha S/o Bodhiram Aged About 70 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 3 22 - Vishnu S/o Dhiraji Aged About 50 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 23 - Bhagbali S/o Motiram Aged About 40 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh 24 - Smt. Girja Bai W/o Kejha Aged About 55 Years R/o Village Mohtara, Tahsil Nawagarh, District Bemetara Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh The Secretary, Public Works Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - State Of Chhattisgarh The Secretary, Department Of Revenue, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 3 - Executive Engineer Public Works Department, Bemetara, District Bemetara Chhattisgarh 4 - Assistant Executive Engineer Public Works Department, Nawagarh, District Bemetara Chhattisgarh 5 - Tahsildar Tahsil Nawagarh, District Bemetara Chhattisgarh 6 - Sub Divisional Officer (Revenue) Nawagarh, District Bemetara Chhattisgarh 7 - Collector Bemetara, District Bemetara Chhattisgarh ... Respondents 4 For Petitioner : Mr. C.K. Sahu, Advocate For Respondents-State : Mr. R.S. Marhas, Additional Advocate General Hon’ble Justice Parth Prateem Sahu, Judge Order on Board 17.12.2025 1. Petitioners have filed this writ petitioner under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 That this Hon’ble Court may kindly pleased to direct the respondent authorities to pay compensation awarded amount in lieu of acquiring land of the petitioners with interest within stipulated time, in the interest of justice. 10.2 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for State submits that pursuant to observation made by this Court on 09.12.2025 he has sought instructions and according to instructions, the land of petitioner was not acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, however, based on mutual consent of petitioners land of petitioners along with others is utilized for construction of Gadamore Chakapendra Road Marg situated at village Mohtara. He further submits that earlier the amount to be paid as compensation to affected persons was computed, however, after sometime recomputation is required and accordingly permission was given for recomputation of compensation of land used for construction of aforementioned road on 30th October, 2025 and it is forwarded to concerned Sub Divisional Officer. He however submits that from the documents forwarded to fhim it is not reflecting that the letter after recomputation has been forwarded to the PWD Department. He lastly submits that from the facts and events of the case it is appearing that now the amount of compensation will be computed and paid to affected persons including petitioners at the earliest. 5 3. At this stage, learned counsel for petitioner submits that road is constructed on the land of petitioner in the year 2018-19 and as of now six years have already been elapsed, therefore, direction be issued to concerned respondent authority to disbursed the amount of compensation as per entitlement of the petitioner within a specified time frame. 4. I have heard learned counsel for the parties and perused the documents enclosed along with this writ petition. 5. On due consideration of submission made by learned counsel for the respective parties and further considering the fact that proceedings has already been initiated for recomputation of compensation, I find it appropriate to disposed of this writ petition at this stage directing respondent no. 3 and 6 to complete the proceedings of computation/recomputation of compensation and to disburse the amount of compensation in favor of petitioner, in accordance with law, preferably within a further outer limit of 05 months from the date of this Order. 6. With the aforementioned direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza