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2025 DAILYLAW 7039 (CHH)

BHAGWAT PRASAD v. STATE OF CHHATTISGARH

WPC/740/2025 · 2025-02-05

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:6458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 740 of 2025 1 - Bhagwat Prasad S/o Nishad Raj Aged About 50 Years Cast - Kalar, R/o Village Tundri, P.H. No. 03, Tahsil Dabhra, District Sakti (C.G.) 2 - Dayal Prasad S/o Nishad Raj Aged About 45 Years Cast - Kalar, R/o Village Tundri, P.H. No. 03, Tahsil Dabhra, District Sakti (C.G.) 3 - Sadanand S/o Janakram Aged About 47 Years Cast - Kalar, R/o Village Tundri, P.H. No. 03, Tahsil Dabhra, District Sakti (C.G.) 4 - Nanakchand S/o Horilal Aged About 55 Years Cast - Kalar, R/o Village Tundri, P.H. No. 03, Tahsil Dabhra, District Sakti (C.G.) 5 - Gajadhar S/o Awadhram Aged About 60 Years Cast - Kalar, R/o Village Tundri, P.H. No. 03, Tahsil Dabhra, District Sakti (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (C.G.) 2 - Project Manager, A.D.B. Project Chhattisgarh Road Development Project, Public Works Department, Bilaspur, District Bilaspur (C.G.) 3 - Sub Divisional Officer (Revenue)/Land Acquisition Officer Dabhra - Cum-Competent Authority, Dabhra, District - Sakti (C.G.) 4 – Collector, Sakti, District Sakti (C.G.) ... Respondents (Cause title is taken from Case Information System) 2 / 3 For Petitioner : Mr. Tarun Dansena, Advocate For Respondents/State : Mr. Mayur Khandelwal, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 05/02/2025 1. By the present writ petition, the petitioners No. 1 and 2 owner of land bearing Khasra No. 1361/9 measuring area 0.033 hectare, petitioner No. 3 owner of land bearing Khasra No. 1392/2 measuring area 0.019 hectare, petitioner No. 4 owner of land bearing Khasra No. 1361/1 measuring area 0.033 hectare, petitioner No. 5 owner of land bearing Khasra No. 1361/7 measuring area 0.033 hectare, which is situated at Village Tundri, P.H. No. 03, Tahsil Dabhra, District Sakti, are seeking a direction towards the respondent authorities for payment of compensation with respect to the land of the petitioners which has been utilized for construction of a road from Sakti to Tundri. 2. Learned counsel appearing for the petitioners submits that the abovementioned land owned by the petitioners has been used for construction and widening of a road from Sakti to Tundri. The said construction started from the year 2021 and though the valuation of the land compensation i.e. compensation calculation chart assessed by the concerned authority under the Policy of Apsi Sahmati Se Bhumi Kray Niti, 2016 has been issued but no compensation has been paid towards the land of the petitioners till date. 3. Learned counsel appearing for the State submits that the competent authority/ SDO (Revenue) will verify and examine the 3 / 3 claim of the petitioners by making a spot inspection and after due verification, if it is found that the land of the petitioners has been used for construction of the said road, necessary steps will be taken for payment of compensation towards the land of the petitioners in accordance with law. 4. I have heard learned counsel for the parties, perused the documents and pleadings made by the petitioners. 5. From perusal of compensation calculation chart, it appears that the valuation of the land has been assessed by the respondent authorities and the land of the petitioners has been used for construction of the road. 6. In view of the above, the respondent No.3/ SDO (Revenue)/Land Acquisition Officer, Dabhra, District Sakti is directed to verify the claim raised by the petitioners by making a spot inspection of the land in question and if it is found that the land of the petitioners has been utilized for construction of the said road, necessary steps be taken for payment of compensation towards the land of the petitioners within a period of 45 days from the date of receipt of a copy of this order in accordance with law and the Policy of Apsi Sahmati Se Bhumi Kray Niti, 2016. 7. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar