1 / 3 2025:CGHC:6722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 766 of 2025 1 - Smt. Charanjeet Kaur Seeray W/o Late Harbhajan Singh Aged About 73 Years R/o City Station Road, Govind Nagar, Pandri, Raipur, District Raipur (C.G.). 2 - Paramjeet Singh Seeray S/o Late Harbhajan Singh Aged About 46 Years R/o City Station Road, Govind Nagar, Pandri, Raipur, District Raipur (C.G.). 3 - Ajeet Kaur Chhabda W/o Shri Gurubax Singh Chhabda Aged About 50 Years R/o House No. 40, Cross Stree-2, Anand Nagar, Bhilai, Tahsil And District Durg (C.G.). 4 - Smt. Seema Gurvindar Munde W/o Guruvinder Singh Munde, Aged About 52 Years R/o Flat No. 40, Honey Chaitali Apartment Vardhman Nagar, Nagpur, District Nagpur (M.H.). ... Petitioners versus 1 - Union Of India Through Secretary, Ministry Of Road Transport & Highways, New Delhi. 2 - National Highway Authority Of India, Through - Chairman, New Delhi. 3 - Project Director, National Highway Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, District Raipur (C.G.). 2 / 3 4 – Collector, Raipur, District Raipur (C.G.). 5 - Sub Divisional Officrer (Revenue), Land Acquisition Officer) / Competent Authority, Raipur, District Raipur (C.G.). ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Amiyakant Tiwari, Advocate For Respondents/UOI : Mr. Annapurna Tiwari, Central Govt. Counsel For Respondents/NHAI : Mr. Dhiraj Kumar Wankhede, Advocate For Respondents/State : Ms. Nupoor Sonkar, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 06/02/2025 1. By the present writ petition, the petitioners are seeking a direction towards the respondent authorities for payment of compensation with respect to the land owned by the petitioners bearing Khasra No.300/202 admeasuring area 0.104 Hectare situated at village Tatibandh P.H. Noo.54 Tahsil & District, Raipur which has been used for construction of a road and drain by the National Highway Authority of India (NHAI). 2. Learned counsel appearing for the petitioners submits that out of total land i.e. 0.380 Hectare owned by the petitioners, land area of 0.208 Hectare has been acquired by the NHAI for construction of a road however presently on remaining part of the said land, the NHAI has constructed road and drainage without making any payment of compensation towards the land of the petitioners till date. 3. Learned counsel appearing for the NHAI and State submit that the contention of the petitioner involves disputed fact that whether the 3 / 3 land of the petitioner has been used for construction of road and drainage or not. Though it has been demarcated by the Office of Revenue Inspector vide demarcation report dated 04/07/2024 which has been submitted to the Additional Tahsildar, it cannot be said that the land of the petitioner has been used for construction of road and drainage. 4. I have heard learned counsel for the parties, perused the documents and pleadings made by the petitioners as well as the demarcation report dated 04/07/2024. 5. As the learned counsel for the NHAI is raising an objection to the contention made by the petitioners, the respondent No.5/SDO (Revenue)/Competent Authority is directed to make a fresh demarcation over the land in question which has been owned by the petitioners, in presence of all the affected parties including the Officers of NHAI and if it is found that the land of the petitioners bearing Khasra No.300/202 admeasuring area 0.104 Hectare has been used for construction of road and drainage, necessary steps be taken for acquisition of the said land and for payment of compensation towards the land in question within a period of 45 days from the date of receipt of a copy of this order, in accordance with law. 6. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar