1 2025:CGHC:7924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 890 of 2025 1 J.P. Pandey S/o Late Suryabhan Pandey Aged About 65 Years Proprietor Nextzen Developers And Builders, Akriti Residency, Urla, Abhanpur R/o Banyan-6, Housing Board Colony, Boriakala, Raipur, District- Raipur (C.G.) Through Power Of Attorney Amit Pandey S/o Shri J.P. Pandey Aged About 38 Years, R/o Banyan-6, Housing Board Colony, Boriakala, Raipur, District - Raipur (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mantralaya, Indrawati Bhawan, New Raipur (C.G.) 2 Competent Authority (Land Acquisition) Cum Sub Divisional Officer (Revenue) Abhanpur, District- Raipur (C.G.) 3 The Project Director National Highway Authority Of India, Project Implementation Unit Abhanpur, Old Montford School Premises, Nh-30, Jhanki Abhanpur, District- Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Shri Rahul Jha, Advocate For Respondent(s)/ State : Shri R.K. Gupta, Addl A.G. For Respondent No. 3 : Shri Anirudha Singh on behalf of Shri Dhiraj Kumar Wankhede, Advocate JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.02.14 15:44:20 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 14/02/2025 Heard. 1. By the present writ petition, the petitioner is seeking a direction towards the respondents for initiating fresh land acquisition proceedings by issuance of notification under Section 3A of the National Highways Act, 1956 ( for short ‘ Act of 1956’) and also direction to the respondent No. 3 i.e. NHAI to deposit the amount of compensation/ award in respect of the acquisition of land of the petitioner bearing khasra No. 1712/1, 1714, 1715/1,3,4,5,6,7 admeasuring 0.0157, 0.1856, 0.1297 hectare situated at Nayakbandha, Abhanpur. 2. Learned counsel for the petitioner submits that initially the notification under Section 3A of the Act of 1956 was issued by respondent No. 3 on 11.07.2023 for acquisition of the lands of the petitioner, however, the proceedings of land acquisition was not completed and no compensation was awarded to the petitioner. He further submits that without payment of compensation, the land of the petitioner is being used for construction of NH 130CD, 4-lane passing through Raipur to Vishkhapatnam under the National Scheme of Bharat Mala Project. 3. Learned State counsel submits that earlier notification under Section 3A of the Act of 1956 dated 11.07.2023 was issued by respondent No. 3, but thereafter notification under Section 3D of the act of 1956 was not notified within a period of 1 year thus the notification under Section 3A dated 11.07.2023 is ceased to have any effect. He further submits that for the said effect, SDO (Revenue) has also passed the order dated 23.11.2024. 3 4. Learned counsel for respondent No. 3 submits, that the earlier notification under section 3A of the Act of 1956 dated 11.07.2023 has lapsed. He further submits that as the notification dated 11.07.2023 got lapsed, the authorities shall verify the claim of the petitioner and if petitioner’s land is used for construction, fresh notification under Section 3A of the Act of 1956 will be issued and necessary steps for acquisition of the lands of the petitioner will be taken immediately. 5. I have heard learned counsel for the parties and perused the pleadings of the petitioner, order of the SDO dated 29.11.2024 which was placed by the State counsel and the notification issued under Section 3A of the Act of 1956. 6. Perusal of the order of the SDO dated 29.11.2024 and notification dated 11.07.2023 shows that notification under Section 3A was issued on 11.07.2023 and got lapsed and there is no effect of the said notification. Hence, consideringthe fact that the petitioner lands are alleged to have been used for construction of road without acquisition, SDO, Abhanpur (respondent No. 2) is directed to make spot visit of the land of the petitioner within 15 days from today and if the lands of the petitioner is found to be used for construction of road, respondent No. 3 shall take immediate steps for issuance of notification under Section 3A within further period of 10 days from the spot inspection made by the SDO, Abhanpur and award be passed within a period of 60 days after issuance of notification under Section 3A of the Act of 1956. 7. With the aforesaid observation, the petition stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti