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2025 DAILYLAW 7615 (CHH)

GANGAPAL MISHRA v. STATE OF CHHATTISGARH

WPC/742/2025 · 2025-02-05

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:6456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 742 of 2025 1 - Gangapal Mishra S/o Sarju Prasad Aged About 75 Years R/o In Front Of Polytechnic, Chakradhar Nagar, Raigarh, Tahsil And District- Raigarh (Chhattisgarh) 2 - Kailash Chandra S/o Natthulal Aged About 72 Years R/o Danipara, Raigarh, Tahsil And District Raigarh (Chhattisgarh) ... Petitioners versus 1 - State Of Chhattisgarh Through The Principal Secretary, Ministry Of Revenue, Mantralaya, Atal Nagar, Nava Raipur, District- Raipur (Chhattisgarh) 2 - The Collector, Raigarh, District Raigarh (Chhattisgarh) 3 - Land Acquisition Officer/ Sub Divisional Officer (Revenue) Raigarh, Tahsil And District Raigarh (Chhattisgarh) 4 - Sub Divisional Officer, Public Works Department, Division Raigarh, Tahsil And District Raigarh (Chhattisgarh) 5 - Executive Engineer, Public Works Department, Division Raigarh, Tahsil And District Raigarh (Chhattisgarh) ... Respondents (Cause title is taken from Case Information System) 2 / 3 For Petitioners : Mr. Hari Agrawal, Advocate For Respondents/State : Mr. Satish Gupta, Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 05/02/2025 1. By the present writ petition, the petitioners who are the owner of land bearing Khasra No. 13/1 measuring total area of 4.2240 hectare situated at Village Bagursiyan, Tahsil & District Raigarh, are seeking a direction towards the respondent authorities for payment of compensation with respect to the land of the petitioners which has been used for construction of a road from Raigarh to Hamirpur. 2. Learned counsel appearing for the petitioners submits that some part of the petitioners’ land i.e. area of 0.030 Hectare has been used for construction of a road from Raigarh to Hamirpur in the year 2018-19 and though several communication including the compensation calculation chart (Annexure P/2) assessed by the concerned authority 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 after considering the representation dated 23/08/2024 (Annexure P/3) submitted by the petitioners and the communication dated 10/10/2024 issued by the Deputy Collector, Raigarh to the Executive Engineer, PWD, Raigarh, the competent authority/ Collector, Raigarh will verify the claim of the petitioners 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 3 / 3 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 petitioners are directed to approach before the respondent No.2/ Collector, Raigarh by submitting a fresh representation. In the event of filing of such representation, the Collector Raigarh 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 50 days from the date of submission of such representation, in accordance with law. 7. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar