Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8945
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 952 of 2024 1 - Mohan Kumar Suryavanshi S/o Late Devi Lal Aged About 40 Years Owner Of A Part Of Land Bearing Khasra No. 127 At Village Jagmahant And Both Petitioners Are Resident Of Village Sakreli, District
Sakti,
Chhattisgarh. 2 - Rajkumar Suryavanshi S/o Late Devilal Aged About 37 Years Owner Of A Part Of Land Bearing Khasra No. 127 At Village Jagmahant And Both Petitioners Are Resident Of Village Sakreli, District Sakti, Chhattisgarh.
... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur,
Chhattisgarh 2 - Sub Divisional Officer Public Works Department, Janjgir, District : Janjgir-Champa,
Chhattisgarh 3 - Executive Engineer Public Works Department, Champa, District : Janjgir-Champa,
Chhattisgarh 4 - Tahsildar Navagarh, District : Janjgir-Champa, Chhattisgarh AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.24 17:28:41 +0530
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- Collector
District
Janjgir-Champa,
Chhattisgarh 6 - Sub Divisional Officer Revenue, Janjgir, District : Janjgir-Champa, Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Sushobhit Singh, Advocate For Respondent/State : Mr. Praveen Das, Dy.A.G.
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 20/02/2025
1. By this present writ petition, the petitioner are seeking a direction towards the respondents/State authorities to acquire the petitioner’s land bearing Khasra No.127 situated at Village Jagmahant, District:Janjgir-Champa, C.G.
2.
Learned counsel for the petitioners submit that the petitioners are the owner of the land bearing Khasra No.127 situated at Village Jagmahant, District:Janjgir-Champa, C.G. and the land of the petitioners has been used for construction of road from Janjgir to Kera Annexure P-3. The petitioners by referring a demarcation report Annexure P-2 submits that the demarcation report was prepared by the respondents and it has been found that the land of the petitioners has been used and the road has been constructed over the land, however, no compensation has been paid to the petitioners though there is a communication dated 02/06/2017 Annexure P -3 by the
3 SDO(PWD) to the Sub-Engineer (PWD), Sub-Division, Janjgir to take necessary steps for land acquisition proceeding for payment of compensation to the petitioner.
3.
Learned counsel for the State/respondent on instructions, submits that from perusal of communication Annexure P-3, the land of the petitioner appears to be used for construction of road, however, the SDO(Revenue)/respondent No.6 will demarcate the land of the petitioners in presence of the petitioners and if it is found that the land of the petitioners is used for construction of the road, the concerned authority shall take necessary steps for acquisition of land within a period of 50 days.
4. I have heard learned counsel for the parties and perused the pleadings of the petitioners and the Panchnama dated 13/02/2019 as well as the communication dated 02/06/2017 issued by the SDO(PWD) to the Sub-Engineer (PWD), Sub- Division, Janjgir.
5. It appears that the land of the petitioners has been used for construction of main road from Janjgir to Kera and in spite of the fact that the SDO(PWD) has asked the Sub-Engineer (PWD) to take necessary steps for acquisition of the land of the petitioners, but till date, the compensation has not been paid to the petitioner. Hence, SDO(Revenue) is directed to make a spot inspection/demarcation of the land of the petitioners in
4 presence of the petitioners and if it is found that the land of the petitioners has been used for the construction of the road, then necessary steps be taken within a period of 50 days from today for acquisition of the land of the petitioners in accordance with law and ensure the payment of compensation to the petitioners.
6. With the aforesaid observation and directions, the writ petition is disposed of. SD/-
(Bibhu Datta Guru)
Judge Amardeep