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2026:CGHC:24084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No.
350
of 2022
1. Avnish Kumar Tiwari S/o Late Krishn Kumar Tiwari Aged About 52 Years R/o Village Zamkor Tahsil Mungeli District Mungeli Chhattisgarh.
2. Ashok Kumar Tiwari S/o Late Sharda Prasad Tiwari Aged About 74 Years R/o Village Zamkor Tahsil Mungeli District Mungeli Chhattisgarh.
3. Pushpa Tiwari W/o Late Rajendra Prasad Tiwari Aged About 68 Years R/o Village Zamkor Tahsil Mungeli District Mungeli Chhattisgarh.
4. Amiy Tiwari S/o Late Rajendra Prasad Tiwari Aged About 43 Years R/o Village Zamkor Tahsil Mungeli District Mungeli Chhattisgarh.
5. Dipti Pathak W/o Ajay Pathak Aged About 44 Years R/o Sharda Bhavan, Saksharta Marg, Kedarpur Ambikapur Chhattisgarh.
... Petitioners versus
1. Amit Kumar Sub Divisional Officer (Revenue) Mungeli, Tahsil And District Mungeli Chhattisgarh.
2. Dr. Tamboli Ayyaz Fakir Bhai (IAS) Secretary Urban Administration And Development, Indrawati Bhawan, Block-D Fourth Floor, Naya Raipur (C.G.)
3. Mr. Sudesh Kumar Sundrani Joint Director, Urban Administration And Development, Indrawati Bhawan, Block - D, Fourth Floor, Naya Raipur (C.G.)
4. Mr. Rahul Dev Collector, District Mungeli, Chhattisgarh
5. Mr. Akancha Siksha Khalkho Sub Division Officer, Revenue Mungeli, District Mungeli, Chhattisgarh
6. Anubhav Singh Chief Municipal Officer Municipal Council Mungeli Tehsil And District Mungeli, Chhattisgarh
7. Parwati Patel Sdo(R) Tahsil And District Mungeli Chhattisgarh.
8. Ashish Tiwari Posted As C.M.O. Nagar Palika Parishad Mungeli, District Mungeli, Chhattisgarh. (As Per Hon'ble Court Order Dated 02-12-2024)
9. Hori Singh Thakur CMO Municipal Council Mungeli Chhattisgarh (As Per Honble Court Order Dated 20-08-2025) 10.Ajay Kumar Shatranj SDO (R) Tahsil And District Mungeli Chhattisgarh (As Per Honble Court Order Dated 20-08-2025) ... Respondents For Petitioners : Mr. Anand Mohan Tiwari, Advocate PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA Date: 2026.06.17 15:05:04 +0530
2 / 3 For Respondent No. 1 : Mr. Yash Mishra, Advocate on behalf of Dr. Sudeep Agrawal, Advocate For Respondent No. 2 & 3 : Mr. Ashish Tiwari, Advocate For Respondents No. 4, 5 7,10 : Mr. Gagan Tiwari, Advocate Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 16/06/2026
1. Petitioners have filed this contempt petition alleging willful disobedience of the order dated 16.06.2021 passed in WPC No. 2320/2021, whereby the Respondent- SDO(R.) therein was directed to conduct the joint demarcation to ascertain the area owned by petitioner on which road was constructed and there was further direction to the Municipal Council, Mungeli to initiate process of payment of compensation.
2.
Learned counsel for petitioners submits that till date compensation as
directed by this Court has not been granted to them.
3. Mr. Gagan Tiwari, learned counsel for respondents No. 4, 5 7,10 would submit that after passing of the order, demarcation was conducted on 23.04.2023 in which it is reported that some portion of the land of petitioners has been used for the purpose of construction of CC Road by the Municipal Council. He further submits that thereafter the Municipal Council in compliance of the order passed in writ petition has forwarded the proposal before the SDO(R.) to pay compensation to petitioner in accordance with the Chhattisgarh Land Purchase Policy 2016 (with mutual consent), of the State Government, however, the petitioner has objected to it and has submitted that compensation be computed and be paid in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short : “Act of 2013”). He further contended that for initiating the proceedings of acquisition in accordance with the Act of 2013, there is some delay for which the concerned respondent have
3 / 3 tendered his unconditional apology. He further submits that now the notification under Section 4 of the Act of 2013 has already been published in the gazette and according to his instruction gathered by the SDO(R.), Mungeli, who is present in the Court, that the acquisition proceedings may be concluded within a period of six months.
4. In the aforementioned facts of the case, nature of grievance as raised in the writ petition that the compensation against the land of petitioners has not been computed and awarded to them by the Municipal Council and further considering that now the notification has already been published in the gazette under Section 4 of the Act of 2013. Proceeding of acquisition initiated may take some time in following the procedure, submission made by SDO(R.), Mungeli, present in the Court through his counsel that the acquisition proceeding has been started and it will be concluded within six months, I do not find any good ground to continue with this contempt proceedings.
5. Accordingly, contempt proceedings initiated against respondents is dropped, notice issued to respondents is discharged and the contempt petition is closed.
6. Petitioners will be at liberty to file appropriate proceedings if any exigency arises in future. Sd/- (Parth Prateem Sahu) pwn
JUDGE