1 2025:CGHC:8046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 847 of 2025 1. Jaylal Markam S/o Shri Ghasiyaram Markam Aged About 38 Years R/o Village Baniyagaon, Ward No. 16, Police Station And Tehsil Kondagaon, District Kondagaon, Chhattisgarh. ... Petitioner versus 1. Union Of India Through The Secretary, Ministry Of Road, Transport And Highways, New Delhi. 2. State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 3. Chief Engineer, Office Of The Chief Engineer, National Highway Zone, Public Works Department (PWD), NH Campus, Pension Bada, Raipur, District - Raipur (C.G.). 4. The Regional Officer, Regional Office, NH Campus, Pension Bada, Raipur, District - Raipur (C.G.). 5. Superintending Engineer, P.W.D., National Highway Circle, Raipur (C.C.) 6. Executive Engineer, P.W.D. National Highway, Jagdalpur (C.G.). 7. Collecor, Kondagaon, C.G. 8. Sub Divisinal Officer (Revenue) Cum Land Acquisition Officer, Kondagaon, District - Kondagaon, Chhattisgarh. 9. National Highways Authority Of India Through Its Project Director, Project Execution Unit Jagdalpur, District Kondagaon, Chhattisgarh. ... Respondents 2 (Cause title is taken from the Case Information System) For Petitioner : Shri Vivek Kumar Agrawal, Advocate For Respondent/UOI : Ms Annapurna Tiwari, Advocate For Respondent/State : Shri R.K. Gupta, Addl. Adv. General Order on Board By Bibhu Datta Guru, J. 14/2/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities for payment of compensation in respect of land, whcih belonging to the petitioner, bearing khasra No.256/1 क situated at village Baniyagaon, Tahsil & District Kondagaon, which has been used by the respondent authorities for construction/widening of NH 30, Bedma to Dahihonga. 2. Learned counsel appearing for the petitioner would submit that the petitioner is the owner of land bearing khasra No.256/1 क situated at village Baniyagaon. The said land has been used by the respondents No.3, 5 & 6 for construction of NH 30, Bedma to Dahihonga, without making payment of compensation. By referring Annexure – P/1, learned counsel would submit that the respondent No.6 intimated the petitioner that due to some technical glitch the details of land of the petitioner bearing khasra No.256/1 क was not published in the earlier notification under Section 3A of the National Highways Act, 19561 and for the land of the petitioner admeasuring 0.506 hectare a separate proceeding for 1 for short ‘the Act, 1956’ 3 land acquisition will be drawn and despite the said fact till date no action has been taken by the authorities. He would submit that the petitioner is running from pillar to post for redressal of his grievance, but the same does not fructify and as a result of which the petitioner is facing hefty financial difficulties. 3. Learned counsel appearing for the UOI and learned counsel appearing for the State/respondents No.3, 5 & 6 would submit that from the communication dated 8-5-2018 (Annexure – P/1) it is evident that the land of the petitioner has been used for construction of NH 30, however, the same has not been acquired. They would submit that separate proceedings will be drawn by the respondent No.6 in this regard, as per the letter dated 8-5-2018 and necessary steps shall be taken for proper acquisition of the land of the petitioner bearing khasra No.256/1 क. 4. I have heard learned counsel for the parties and perused the documents. 5. From the letter dated 8-5-2018 (Annexure-P/1) issued by the respondent No.6, it is manifest that the land of the petitioner bearing khasra No.256/1 क has been used for construction of NH 30, however, due to some technical glitch the details of the land of the petitioner was not included in the earlier notification published under Section 3A of the Act, 1956. It also appears from Annexure – P/1 that albeit in the year 2018 itself the petitioner was assured that separate proceeding will be drawn for acquisition of the subject land belonging to the petitioner, but till date no action has been taken. 6. In view of the aforesaid facts and circumstances of the case, the respondent No.6 is directed to take necessary steps for acquisition of the 4 land of the petitioner bearing kahsra No.256/1 क situated at village Baniyagaon, Tahsil & District Kondagaon, which has been used by the respondent authorities for construction of NH 30, Bedma to Dahihonga, in accordance with the provisions of the Act, 1956, as early as possible preferably within a period of 50 days from the date of receipt of copy of this order. 7. Accordingly, the present writ petition stands disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.02.17 12:46:59 +0530