Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4842
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 83 of 2025 1 Dhananjay Sahu S/o Shri Rameshwar Prasad Sahu Aged About 50 Years R/o Chaterjee Gali, New Sarkanda, Bilaspur, Distt - Bilaspur (C.G.). 2 Pramod Sahu S/o Shri Rameshwar Prasad Sahu Aged About 48 Years R/o Chaterjee Gali, New Sarkanda, Bilaspur, Distt - Bilaspur (C.G.). 3 Hemant Sahu S/o Shri Rameshwar Prasad Sahu Aged About 46 Years R/o Chaterjee Gali, New Sarkanda, Bilaspur, Distt - Bilaspur (C.G.). 4 Mahendra Sahu S/o Shri Rameshwar Prasad Sahu Aged About 45 Years R/o Chaterjee Gali, New Sarkanda, Bilaspur, Distt - Bilaspur (C.G.). 5 Prakash Sahu S/o Shri Rameshwar Prasad Sahu Aged About 44 Years R/o Chaterjee Gali, New Sarkanda, Bilaspur, Distt - Bilaspur (C.G.).
... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (C.G.). 2 The Collector, Bilaspur, Distt. - Bilaspur (C.G.). 3 -The Sub - Divisional Officer (Revenue) Cum Competent Authority Land Acquisition (National Highways) Bilaspur, Distt. - Bilaspur (C.G.).
2 4 National Highways Authority Of India, Through Project Director, Project Implementation Unit, Bilaspur Distt - Bilaspur (C.G.). 5 Regional Officer, National Highways Authority Of India, Regional Office, Raipur (C.G.).
... Respondent(s) For Petitioner(s) : Ms. Akanksha Singh, Advocate For Respondent(s) / State : Ms. Upasana Mehta, Dy. G.A. For Respondent No. 4 & 5 : Shri Gary Mukhopadhyay, Advocate
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 28/01/2025 Heard.
1. The petitioner preferred the instant MCC for modification of the order dated 06-1-2025 passed in WPC No.18 of 2025 on the ground that certain clerical/typographical errors occurred in the said order.
2. On due consideration, the order dated 6-1-2025 passed in WPC No. 18 of 2025 is modified; paras 2 & 3 of the said order are hereby deleted; and in its place the following be read :
2. This petition has been preferred by the petitioners under Article 226/227 of the Constitution of India, seeking following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondents to calculate and release the amount of compensation for the land acquired bearing khasra no. 256 rakba 180 sq.mtr. without any further delay, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to pay interest along with 18% on the compensation from the date of acquisition, in the interest of justice.
3 10.3 That, the respondents may kindly be directed to decide the pending representations of the petitioner Annexure P/1 (Colly) and P/6 within a period of 90 days, in the interest of justice. 10.4 Any other relief which this Hon'ble Court may deem fit and proper in favour of the petitioner may kindly be passed. 10.5 Cost of the petition may be awarded.”
3. Learned counsel for the petitioner submits that the some part of land of petitioner from Khasra No. 256 rakba 180 sq.mtr. respectively, situated at village Sakri District Bilaspur (C.G.) has been acquired by the respondents No.4 & 5 for construction of Pendridih - Patthrapali National Highway 111/130. Petitioner has not been paid any compensation in lieu of acquisition made, no award has been passed. It is further submitted by the counsel that petitioner has filed the representation (Annexure-P/1) dated 10.01.2024, but the same has not been decided by the respondent authorities. He further submits that petitioner is ready to file fresh representation, therefore, he prays that this petition may be
disposed of directing respondent authorities to decide his representation in accordance with law, within a period specified by this Court.
4. Paras 4 and 5 of the order dated 6-1-2025 passed in WPC No.18 of 2025 be read as same.
5. Para 6 of the said order are hereby deleted; and in its place the following be read as:
6. Having considered the aforesaid facts and limited prayer made by the petitioner, this petition is disposed of granting liberty to the petitioner to file fresh representation within a period of 30 days from today before the respondent authorities, for redressal of his grievance. Thereafter, the respondent authorities/competent authority are directed to consider and decide the same within a further period of 90 days from the date of representation and take recourse to law and also provide compensation to the petitioner, if his land has been utilized for construction of the said road.
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6. Rest of the order be read as same.
7. Copy of this order be placed in the record of WPC No. 18 of 2025 and further it be read along with the order dated 6-1-2025 passed in the said writ petition.
8. With the aforesaid modifications, the instant MCC stands disposed of. Sd/-
(Bibhu Datta Guru)
JUDGE Jyoti