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2026 DAILYLAW 23106 (CHH)

TOTARAM v. SOUTH EAST CENTRAL RAILWAY

WPC/2959/2026 · 2026-06-21

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:25289 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2959 of 2026 1 - Totaram S/o Shri Radhika Prashad Aged About 75 Years R/o H. No. 447 Ward No. 13 Khopli, Durg District Durg (C.G.). 2 - Punit Ram, S/o Shri Ratan Deshmukh, Aged About 58 Years R/o H. No. 49 Bhanpuri, Durg District Durg (C.G.). 3 - Umendi Ram, S/o Shri Bahur Singh, Aged About 52 Years R/o Ward No. 148 Bhanpuri, Durg District Durg (C.G.). 4 - Barsan Nishad, S/o Shri Tijau Ram Nishad, Aged About 59 Years R/o H. No. 34 Ward No. 3 Bhanpuri, Durg District Durg (C.G.). 5 - Tekam Lal S/o Shri Jageswar, Aged About 58 Years R/o H. No. 216 Ward No. 09 Kargadih, Khapoli, Utai, Durg District Durg (C.G.). 6 - Janki Bai Thakur, W/o Shri Dev Kishan Thakur, Aged About 48 Years R/o H. No. 148 Bhanpuri, Durg District Durg (C.G.). 7 - Laxmi Narayan Sahu, S/o Shri Raju Lal Sahu, Aged About 49 Years R/o H. No. 172/2 Kodiya, Pauwara, Durg District Durg (C.G.). 8 - Bhagwan Singh S/o Shri Samliya, Aged About 52 Years R/o H. No. 48 Bhanpuri, Durg District Durg (C.G.). RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 9 - Basant Kumar S/o Shri Ram Ratan Aged About 61 Years R/o H. No. 151/1 Changori, Durg District Durg (C.G.). 10 - Bhisham Lal Sahu S/o Shri Radhika Prashad Sahu, Aged About 60 Years R/o Ward No. 4 Dhurvatola, Dondi, Durg District Durg (C.G.). ... Petitioner(s) versus 1 - South East Central Railway Through Chief Administrative Officer (Construction ) Office, Jagmal Chowk Road, Railway Settlement, Bilaspur (C.G.). 2 - The State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan Atal Nagar Naya Raipur (C.G.). 3 - The Collector, District Durg (C.G.). 4 - The Sub-Divisional Officer (Revenue) Sub-Division Durg, District Durg (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Shivam Mishra, Advocate. For Respondent(s)/SECR : Mr. Ramakant Mishra, DSGI. For Respondent/State : Mr. Rajkumar Gupta, Addl. A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 22/06/2026 1. By way of this petition, the petitioners has prayed for following reliefs:- “10.1 This Hon'ble may kindly be pleased to call for the 3 records of the case for the kind perusal of this Hon'ble Court. 10.2 This Hon'ble may kindly be pleased to Issue an appropriate writ, order or direction directing the respondents to disclose the complete acquisition proceedings, including the statutory provisions invoked, notifications, survey reports documents, and further grant due notice and adequate opportunity of hearing to the petitioners and other affected land owners. 10.3 This Hon'ble may kindly be pleased to Issue an appropriate writ, order or direction directing the respondents to conduct a fresh and transparent survey of the affected lands and to properly assess and record the nature of the lands and all structures, trees, borewells, irrigation facilities and other assets standing thereon for the purpose of determination of compensation. 10.4 This Hon'ble may kindly be pleased to Issue an direction directing the appropriate writ, order respondents to undertake the acquisition proceedings strictly in accordance with law and to determine fair compensation and other statutory benefits after following due process and principles of natural justice. 10.5 This Hon'ble may kindly be pleased to Issue an appropriate writ, order or direction directing the 4 respondents to decide the petitioner's all representation before completing acquisition proceeding. 10.6 This Hon'ble may kindly be pleased to issue Any other relief deemed fit in the facts and circumstances of the case may also be granted.” 2. Learned counsel for the petitioners submits that the Railway is proposing to construct a railway line and for that there is proposal to acquire the land belonging to the petitioners, to which, the petitioners have submitted multiple representations before the concerned Authority, however, according to the petitioners till date same have not been considered and decided. As such, the petitioners seeking a direction to the concerned respondent- authority to consider and decide their pending representations as per relevant law/rules. 3. Learned counsel for the SECR as well as the State Counsel submit that till today only survey is going on and so far as the proposal for acquisition is concerned, it is yet to be finalized. If any representation of the petitioners is pending, same will be decided as per applicable law/rules. Learned State Counsel further pointed out that after survey, the railways has already published a notification dated 24.05.2026 in the Dainik Bhaskar news paper in Raipur circle. 4. Having heard learned counsel for the parties and perused the material available on record. 5. Considering facts of the case, submissions of counsel for the 5 parties, the instant petition stands disposed of directing the petitioners to approach before the concerned Railway Authority in order to decide their representations. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat