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2025:CGHC:5883
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1021 of 2022 1 - Shri Manmera Gond S/o Lt Shri Jatru Gond Aged About 59 Years R/o Village Mudipar, Tehsil- Bilha, District- Bilaspur (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through- Its Secretary Revenue And Disaster Management Department, Indravati Bhawan, Mantralaya, Naya Raipur, District- Raipur (C.G.) 2 - The Collector, Bilaspur, District- Bilaspur (C.G.) 3 - The Sub Divisional Officer (Revenue) Bilaspur, District- Bilaspur (C.G.) 4 - Project Director, National Highway Authority Of India, Project Implementing Unit, Abhilasha Parisar, Tifra, Bilaspur, District- Bilaspur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Ashutosh Mishra, Advocate For Respondents/ State : Mr. Ritesh Giri, Panel Lawyer For Respondent No.4 : Mr. Dhiraj Kumar Wankhede, Advocate
2 / 3 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 31/01/2025
1. By the present writ petition, the petitioner who is the land owner of land bearing Khasra No.451/5 and Khasra No.411 situated at village Mudipar, Patwari Halka No.9, Tahsil Bilha, District Bilaspur, is seeking direction towards the respondent authorities to make payment of compensation towards the land acquired by the respondents.
2.
Learned counsel appearing for the petitioner submits that the grievance of the petitioner is that the land owned by him has been used for construction of National Highway No.130, Pendridih to Darrighat Masturi four lane road by respondent No.4, National Highway Authority of India (NHAI) however no compensation has been paid to the petitioner by the respondent authority. He would further submit that there is a demarcation report (Annexure P/3) which has been submitted by the Patwari to the Tahsildar, Bilha wherein it has been stated that some part of the petitioner’s land bearing Khasra No.451/5 and 411 has been used for construction of a by-pass road but in spite of the said fact, the respondents are not making any payment of compensation towards the land which has been used by the NHAI.
3.
Learned counsel appearing for respondent No.4/NHAI, by referring the communication dated 20/02/2022 (Annexure P/6) issued by the SDO (Revenue), Bilaspur to respondent No.4/Project Director, NHAI and the reply dated 21/03/2022 to the
3 / 3 said communication submitted by the NHAI to the SDO (Revenue), submits that the NHAI has requested the SDO for demarcation and spot inspection of the land in question for necessary action on the claim raised by the petitioner.
4. I have heard learned counsel for the parties and perused the documents as well as the communication sent by the NHAI to the SDO.
5. From perusal of the Communication dated 21/03/2022, it appears that NHAI has requested the SDO for demarcation and spot inspection of the land in question which is owned by the petitioner for necessary action.
6. In view of the above, the respondent No.3/Land Acquisition Officer-cum-Sub Divisional Officer (Revenue), Bilaspur is directed to look into the matter by making a spot inspection and demarcation of the land in question and if it is found that the land of the petitioner has been used for construction of the said by- pass road, necessary steps be taken for payment of compensation towards the land owned by the petitioner within a period of 60 days from the date of receipt of a copy of this order, in accordance with law.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
8. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar