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2025 DAILYLAW 8032 (CHH)

RADHE LAL SURYAWANSHI v. STATE OF CHHATTISGARH

WPC/835/2025 · 2025-02-12

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 4 2025:CGHC:7435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 835 of 2025 1 - Radhe Lal Suryawanshi S/o Shri Natthuram Aged About 55 Years R/o Village Sukli, Tahsil Janjgir, District- Janjgir-Champa (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Atal Nagar, Raipur, District- Raipur (C.G.) 2 - The Collector, Janjgir-Champa, District- Janjgir-Champa (C.G.) 3 - The Sub Divisional Officer (Rev), Cum Prescribed Authority, Land Acquisition, Champa, District- Janjgir-Champa (C.G.) 4 - The Chief Engineer/ Executive Engineer, Public Works Department, National Highway Area, Pensionbada, Raipur, District- Raipur (C.G.) 5 - The Superintending Engineer, Public Works Department, National Highway, Bilaspur, District Bilaspur (C.G.) 6 - The National Highway Authority Of India (Ministry Of Road Transport And Highways, Government Of India), New Delhi, Through Its Chairman. 2 / 4 7 - The Project Director, Project Implementation Unit, National Highway Authority Of India, Korba, District Korba (C.G.) 8 - The Project Director, Project Implementation Unit, National Highway Authority Of India, Bilaspur, District Bilaspur, (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Dashrath Kushwaha, Advocate For Respondents/State : Ms. Nupoor Sonkar, Panel Lawyer For Respondents/ NHAI : Ms. Annapurna Tiwari, Central Govt. Counsel (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 12/02/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities particularly the respondent No.4/Executive Engineer, PWD, NHAI Raipur for payment of compensation with respect to the land of the petitioner bearing Khasra No. 1424/2 situated at Village Sukli, Tahsil Janjgir, District Janjgir-Champa, which has been used for construction of National Highway No.200/49. 2. Learned counsel appearing for the petitioner submits that the NHAI has acquired the land of the petitioner for construction of National Highway but no payment of compensation has been made to the petitioner towards the said land. He further submits that the petitioner approached the authorities by submitting a representation dated 25/11/2024 (Annexure P/1) and on said representation, the SDO (Revenue), Janjgir-Champa vide its communication dated 28/11/2024 (Annexure P/3) issued to the concerned Executive Engineer, instructed him to take necessary 3 / 4 steps towards the claim raised by the petitioner but no steps has been taken for payment of compensation towards the land of the petitioner till date. 3. Learned counsel appearing for the respondents/NHAI submits that pursuance to the said communication issued to the Executive Engineer by the SDO, necessary steps to examine the claim of the petitioner will be taken by making a spot inspection and demarcation of the land of the petitioner. If it is found that the land of the petitioner has been used, proper proceeding will be drawn in accordance with law for payment of compensation. 4. I have heard learned counsel for the parties, perused the documents and pleadings made by the petitioner. 5. From perusal of the communication dated 28/11/2024 (Annexure P/3), it appears that the SDO (Revenue), Janjgir-Champa has instructed the Executive Engineer, PWD, NHAI to look into the matter by making an enquiry with regard to the grievance raised by the petitioner. 6. In view of the above, the respondent No.3/SDO (Revenue), Janjgir-Champa as well as the respondent No.4/Executive Engineer, PWD, NHAI Raipur are directed to verify and examine the claim raised by the petitioner by making a spot inspection of the land in question in presence of the petitioner and if it is found that the land of the petitioner has been used for construction of the National Highway, necessary steps be taken for payment of 4 / 4 compensation towards the land of the petitioner within a period of 50 days from the date of receipt of a copy of this order, in accordance with law. 7. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar