1 2025:CGHC:5950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 654 of 2025 1 - Daleshwar S/o Shyam Lal Aged About 67 Years R/o Badekot, Tahsil Malkharoda, District- Sakti, C.G. 2 - Biharilal S/o Manthir Aged About 50 Years R/o Village Kanaidih, Tahsil Malkharoda, District- Sakti, C.G. 3 - Sewakram S/o Hiralal Aged About 60 Years R/o Badekot, Tahsil Malkharoda, District- Sakti, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Work Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, C.G. 2 - Collector Sakti, District Sakti, C.G. 3 - Land Acquisition OfÏcer-Cum-Sub Divisional OfÏcer (Revenue) Malkharoda, District- Sakti, C.G. 4 - Project Manager (A.D.B. Project), Chhattisgarh Road Development Project, Public Work Department, Bilaspur, C.G. ... Respondent(s) (Cause title taken from CIS) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.03 23:28:14 +0530 2 For Petitioner(s) :Shri Tapan Kumar Chandra, Advocate. For Respondent/State :Shri Shreyansh Mehta, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 03.02.2025 1. Heard. 2. The present petitioners are agriculturists of village Kanaidih, Thasil Malkharoda, Distrcit Sakti, C.G. and the agricultural lands owned by the petitioners have been used by the Public Work Department for construction/ widening of road without acquisition and providing compensation. 3. Learned counsel for the petitioner submits that the Collector issued public notice under the आपसी सहमतिB से क् रय नीतिB 2016 notifying the lands of the petitioners. However, after construction of road neither the land was purchased nor any compensation was paid to the petitioners. 4. Learned State counsel submits that whether the road has been constructed or not is to be verified and if the construction is done the same will be examined by the authorities and necessary steps will be taken. 5. I have heard learned counsel for the parties and perused the records and pleadings by the petitioner. 6. Perusal of Annexure P- 1 shows that Collector had notified the lands of the petitioners under the आपसी सहमतिB से क् रय नीतिB 2016, however 3 the said lands have not been acquired and no compensation has been paid to the petitioners, however the road has been constructed over the said lands. 7. It is the trite law that a person cannot be deprived of his own property without him being paid adequate compensation and the State cannot dispossess a citizen of his property except in accordance with the procedure established by law. 8. Considering the entire facts and circumstances, the Collector, Sakti, District Sakti, C.G. (Respondent No. 2) is directed to make spot visit and examine whether the road has been constructed over the lands of the petitioners or not and if the petitioners lands have been used, Collector shall immediately take steps for acquisition of lands in accordance with law. The spot inspection be made within a period of 30 days from the date of receipt of a copy of this order and ensure proper compensation is being paid to the petitioners. 9. With the aforesaid observation the petition stands disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib