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2025 DAILYLAW 9225 (CHH)

HAZI MOHAMMAD SALIM v. STATE OF CHHATTISGARH

WPC/931/2025 · 2025-02-18

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:8291 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 931 of 2025 1 - Hazi Mohammad Salim S/o Hazi Sarvar Miya Aged About 64 Years R/o Ward No. 10, Dongargarh, Distt. Rajnandgaon Cg 2 - Liyakat Ali S/o Hazi Sarvar Miya Aged About 61 Years R/o Ward No. 10, Dongargarh, Distt. Rajnandgaon Cg 3 - Asgar Ali S/o Hazi Sarvar Miya Aged About 51 Years R/o Ward No. 10, Dongargarh, Distt. Rajnandgaon Cg ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Public Works Department Mantralaya, Naya Raipur Distt. Raipur C.G. 2 - Secretary Revenue And Disaster Department, Mantralaya, Naya Raipur Distt. Raipur C.G. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.18 18:52:26 +0530 2 3 - Secretary Panchayat And Rural Development Department, Mantralaya, Naya Raipur Distt. Raipur C.G. 4 - The Collector Rajnandgaon C.G. 5 - Sub Divisional OfÏcer (Revenue) And Land Acquisition OfÏcer Cum Competent OfÏcer (Land Acquisition), Dongargarh District Rajnandgaon C.G. 6 - Sub Divisional OfÏcer Public Works Department, Dongargarh, Distt. Rajnandgaon Cg 7 - The Tahsildar Dongargarh, Distt. Rajnandgaon Cg ... Respondent(s) For Petitioner(s) : Shri Parag Kotecha, Advocate. For Respondent(s) : Shri Ritesh Giri, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 18.02.2025 1. By the present writ petition, the petitioner who is the owner of land bearing khasra No. 58/1 area of 0.858 hectare at village Chirpani P.H. No. 24 RI Circle Dongargarh, District Rajnandgaon, seeking direction towards the respondent for payment of compensation as the land of the petitioner has been used by the Department of 3 Panchayat for construction of road on the Khasra No. 58/1 area of 0.08 acres. 2. Learned counsel for the petitioners by referring (Annexure P/1) submits that from the demarcation report of the Revenue Inspector Dongargarh dated 28.06.2020, it has been found that out of the total land owned by the petitioner in Khasra No. 58/1 area of 0.08 acres has been used for construction of road and the road is still there. Learned counsel for the petitioner submits that though the petitioner has sent written notice to the respondent on 25.08.2020 to the respondents, but till date no initiative has been taken by the respondent for acquisition of the land or payment of compensation to the petitioner. 3. Learned State counsel submits that if the petitioner submit a representation before the SDO (R)/ Land Acquisition OfÏcer Dongargarh, then the SDO shall make a spot inspection and demarcation of the land in question and if it is found that the petitioners land has been used for construction of road then necessary steps shall be taken in accordance with law for acquisition of the land or payment of compensation to the petitioner. 4. I have heard learned counsels for both the parties and perused the demarcation report of the Revenue Inspector Division Dongargarh and the notice sent by the petitioner on 25.08.2020 to the respondent. 5. It appears from the pleadings and documents annexed with the writ petition that the land of the petitioner has been allegedly used for construction of road without acquisition of the said land and no 4 compensation has been paid to the petitioner, hence the SDO Dongargarh is directed to make a spot inspection and demarcation of the land in presence of the petitioner and if it is found that land of the petitioner has been utilized for construction of road necessary steps be taken for acquisition of the land for payment of compensation. The spot inspection and demarcation be made by the SDO within a period of 60 days from receipt of representation filed by the petitioner. The petitioner is at liberty to apprise the order of this court to SDO (R) Dongargarh. 6. With the aforesaid direction, the writ petition is disposed of. 7. The petitioner is permitted to make necessary correction in the cause title today itself. 8. Certified copy of the order be supplied to the parties only after incorporation of the necessary amendement. Sd/- (Bibhu Datta Guru) Judge Shoaib