1 2026:CGHC:14552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1350 of 2026 Dharmendra Kumar Gupta S/o Shri Ram Narayan Gupta Aged About 47 Years Occupation Business, R/o Tifra, Near Bajrang Hotel, Tehsil And District Bilaspur, Chhattisgarh ... Petitioner versus 1 - Union Of India Through Secretary, Ministry Of Road Transport And Highways, Transport Bhawan, New Delhi 2 - State Of Chhattisgarh Through Secreatry, Revenue Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur (CG) 3 - Collector Bilaspur, District Bilaspur (CG) 4 - Sub Divisional Officer (Revenue) Bodri, District Bilspur (CG) 5 - Competent Authority/land Acquisitiotion Officer National Highway Project, Address Hig-1, Akash, Abhilasha Parisar, Behind Bus Stand, Tifra, Teshsil And District- Bilaspur (CG) 6 - National Highway Authority Of India Through Its Project Director, Project Implementation Unit, Address Hig-1, Akash, Abhilasha Parisar, Behind Bus Stand , Tifra, Tehsil And District Bilaspur (CG) ... Respondents {Cause title, as taken from CIS} ----------------------------------------------------------------------------------------------------------- For Petitioner : Mr. Sanjeev Sinha, Advocate. For Respondent No. 1 : Mr. K. Arun, Advocate on behalf of . Mr. Ravikar Patel, Advocate. Respondents No. 2 to 4 : Mr. Saumitra Kesharwani, Panel Lawyer. ----------------------------------------------------------------------------------------------------------- 2 {Hon'ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 27/03/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :- “10.1 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of Mandamus commanding the respondents to produce the entire record leading to issuance of this Hon'ble Court. 10.2 That Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondents to determine and pay lawful compensation /award amount to the Petitioner in respect of land bearing Khasra No. 1520/1 admeasuing 0.42 acres situated at Mouza Hardikala, Patwari Halka No. 03, Tehsil Bodri, District Bilaspur, which has been acquired and utilized for construction of National Highway. 10.3 Direct the Respondents to pay statutory interest on the compensation amount from the date of taking possession i.e. 02.05.2022 till the date of actual payment. 10.4 Direct the Respondents to consider and decide the representation dated 21.02.2023 submitted by the Petitioner within a time bound period as may be fixed by this Hon'ble Court. 10.5 Any other relief that this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner together with cost of the petition. 2. Learned counsel appearing for the petitioner submits that the petitioner is recorded owner of the land bearing Khasra No. 1520/1, admeasuring 0.42 acres situated at Mouza Hardikala, Patwari Halka No. 03, Tehsil Bodri, District Bilaspur. Some portion of the aforesaid land has been utilized for construction of National 3 Highway, but no compensation has been paid to the petitioner yet in lieu there of. In demarcation report (Annexure P-2), it has been reported by the Revenue Authority that 0.20 dismal of aforesaid land has been affected in construction of National Highway. The petitioner has filed representation (Annexure P-3) dated 21.02.2023 before Commissioner, Bilaspur Division, Bilaspur for redressal of his grievances, but the same has not been decided yet. Hence, he prays that this petition may be disposed of directing respondents No. 3 & 4 to decide his representation (Annexure P-3) within specific time frame. 3. Learned counsel for the respondents have no objection to allow the limited prayer made by counsel for the petitioner. 4. Though right to property is not a fundamental right, but the same is constitutional right as has been envisaged in Article 300A of the Constitution of India. Therefore, no person can be deprived of his property without following due process of law and without payment of compensation, etc. 5. In the instant case, the grievance of the petitioner is that some portion of his said land has been utilized for construction of National Highway, but he has not been given any compensation in lieu thereof. Demarcation report (Annexure P-2) also support aforesaid contention of petitioner. 6. Having considered aforesaid facts and contention putforth by learned counsel for the parties, without entering into the merits of the case, this petition is disposed of granting liberty in favour of the petitioner to file fresh representation before respondents No. 3 & 4 within a period of 15 days from today alonwith all necessary documents. In the eventuality of filing such representation by the petitioner, respondents No. 3 & 4 are directed to get demarcated the subject land of petitioner and in demarcation, if it is found that some portion of the land of petitioner has been found affected in construction of National Highway, then appropriate compensation be paid to the petitioner after following due process of law. 4 7. Let this exercise be done within outer limit of 60 days from the date of receipt/submission of copy of this order. 8. With the aforesaid observations & directions, this writ petition is disposed of. 9. Pending interlocutory application (s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.03.30 18:37:03 +0530