1 2026:CGHC:12185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1087 of 2026 Rajendra Sahu S/o Mangal Singh Aged About 52 Years R/o 9/f Housing Board Colony, Rampur, Ward No. 32, Korba, District- Korba (C.G.) --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Collector District- Korba (C.G.) 3 - The Sub-Divisional Officer (Revenue) And Land Acquisition Officer Korba, District- Korba (C.G.) 4 - The Commissioner Municipal Corporation, Korba, District- Korba (C.G.) --- Respondent(s) For Petitioners : Mr. Krishna Kumar Dewangan, Adv. For Respondents No. 1 to 3 : Dr. Arham Siddiqui, Panel Lawyer For Respondent No. 4 : Mr. Dhiraj Wankhede, Adv. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 13-3-2026 1. Petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :- AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.03.17 15:26:47 +0530 2 “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records pertaining to case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondents to pay land compensation to the petitioner towards his acquired land, with interest from the date of taking possession to its realization, in accordance with law, within stipulated time. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel for the petitioner would submit that, the petitioner is a recorded owner and occupant of land bearing Khasra No. 216/8 area 0.0490 hectare situated at village Rumgara, P.H. No. 4, Balco Nagar, Korba. He further submits that, without following due process of law in respect of acquisition of land of the petitioner, the respondent No. 4 has constructed Community Hall and Community Health Centre on the land of the petitioner, but no compensation has been paid to him. The petitioner has filed an application (Annexure P-2) before respondent No. 2 and copy of the same has been served to respondents No. 3 and 4, for grant of compensation for acquisition of his aforesaid land, but the same has not been decided yet. Hence, he prays that respondents No. 2 to 4 may be directed to decide the application (Annexure P-2) filed by the petitioner within stipulated period. 3. In reply, learned counsel for the respondents would submit that, the application (Annexure P-2) filed by the petitioner shall be considered and decided in accordance with law. 3 4. Heard learned counsel for the parties and perused the material available on record. 5. Though property right is not a fundamental right, but still it is a constitutional right under Article 300A of the Constitution of India, as such, nobody can be deprived of his property without following due process of law and without paying compensation and other benefits as per the prevailing laws, rules and guidelines. 6. Grievance of the petitioner in the instant case is that, his land has been utilized by the respondents without following due process of law, therefore, having considered the limited prayer made by learned counsel for the petitioner, this petition is disposed of at this stage, directing the respondents No. 2 to 4 to pass appropriate order in accordance with law on the application (Annexure P-2) of the petitioner as early as possible and if it is found that land of the petitioner has been utilized by them, then appropriate compensation be paid to him in accordance with applicable law, rules and guidelines. 7. With the aforesaid observations and directions, this petition is disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak