1 2025:CGHC:628 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 988 of 2024 1. Daulat Ram Patel S/o Late Juglanand Patel Aged About 56 Years Address- Komdo Road, Vishun Bagan, Jashpurnagar Dist. Jashpur, C.G. ... Petitioner(s) Versus 1. State Of Chhattisgarh Through The Executive Engineer, P.W.D. Raigarh, Dist. Raigarh, C.G. 2. Executive Magistrate Pusaur Raigarh, Dist. Raigarh, C.G. ... Respondent(s) For Petitioner : Shri Awadh Tripathi, Advocate For Respondent/State : Ms Upasana Mehta, Dy. Govt. Advocate Order on Board By Bibhu Datta Guru, J. 6/1/2025 1. By the present petition, the petitioner is seeking a direction towards to the respondent authority to comply with the communication made by the Tahsildar on dated 24-3-2022 (Annexure – P/6) by which the Tahsildar has requested the Executive Engineer, PWD, Raigarh, to include the land of the petitioner bearing khasra No.51/1 and 51/2 which has been used by the PWD for construction of road without making payment of compensation. 2. Learned counsel appearing for the petitioner would submit that the private land of the petitioner has been used by the PWD for construction 2 of road, however, no compensation has been paid to the petitioner till date. 3. On the last date of hearing, six weeks time was granted to the State to file its reply, but till date the same has not been filed. However, learned counsel appearing for the State would submit that if the land of the petitioner has been used for construction of road by the PWD, as stated supra, proper demarcation will be conducted and necessary steps will be taken for payment of compensation. 4. I have heard learned counsel appearing for the parties and perused the documents. 5. From perusal of the communication dated 24-3-2022 (Annexure – P/6), it is quite vivid that the land of the petitioner bearing kahsra No.51/1 and 51/2 has been used by the PWD for construciton of road, however, no compensation has been paid to him till date. 6. 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. 7. In view of foregoing, it is directed that the Collector, Raigarh, shall look into the matter and take appropriate steps to demarcate the land bearing khasra No.51/1 and 51/2 and on such demarcation if it is found that road has been constructed on the said land, initiate land acquisition proceedings and thereafter make suitable payment of compensation to the petitioner, in accordance with law, within a period of 50 days from the date of receipt of a copy of this order. 8. With the aforesaid observation and direction, the writ petition stands disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.01.06 17:07:00 +0530