1 / 3 2026:CGHC:26974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1229 of 2021 Yashwant Kumar S/o Shri Sant Kumar Jaiswal Aged About 40 Years R/o Village Sarwani, Tahsil And P. S. Kharsia, District Raigarh Civil And Revenue District Raigarh Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2 - The Executive Engineer Public Works Department, National Highway Division Bilaspur District Bilaspur Chhattisgarh 3 - The Collector Raigarh District Raigarh Chhattisgarh 4 - The Additional Commissioner Bilaspur District Bilaspur Chhattisgarh 5 - The Sub Divisional Officer/land Acquisition Officer Kharsia District Raigarh Chhattisgarh ... Respondent(s) For Petitioner : Mr. M.K. Sinha, Advocate For Res. No.1, 3 to 5 : Mr. Karan Bahrani, Panel Lawyer For Resp. No.2 : Mr. Tushardhar Diwan, Central Govt. Counsel Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.07.03 18:27:27 +0530 2 / 3 S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 01/07/2026 1. Learned counsel for the petitioner submits that similar order may be passed in this case also as passed in WPC No.797 of 2017 vide order dated 12.04.2017 (Mathura Bai Vs. State of Chhattisgarh & Ors.) as the said petition is also arising out of the same land acquisition proceeding for construction of same road i.e. National Highway No.49 (Bilaspur -Urdaval Section). 2. Learned counsel appearing for respondent No.2 would submit that the said writ petition (WPC No.797 of 2017) was disposed of directing the petitioner therein to approach respondents No. 3 & 5 therein who are the Land Acquisition Officer and the National Highway Authority and direction was issued to concerned authorities to consider the claim of petitioner and if it is found that land of the petitioner has been used and consumed in construction of National Highway, the authority shall take expeditious steps for payment of compensation within specified time. 3. Grievance of the petitioner in this case is that before construction of National Highway No. 49 (Bilaspur- Urdaval Section) land acquisition proceeding was initiated by respondent No.5 and in that land acquisition proceeding, land bearing kh. No.192/1/d admeasuring 0.040 hectare was also acquired. However after completion of construction of national highway, it revealed that excess land to the land which was acquired has been consumed/used by respondent No.2 for construction of national 3 / 3 highway. However, in respect of the excess land of the petitioner admeasuring 0.065 hectares which has been utilized, no compensation has been paid to petitioner. 4. In the aforementioned facts of the case, I find it appropriate to dispose of this writ petition directing respondents No.2 & 3 to consider the claim of petitioner and to take necessary steps for demarcating the land owned by petitioner afresh within a period of 4 months to ascertain area of land of petitioner utilized for purpose of construction of road- National Highway No.49 (Bilaspur-Urdaval Section). 5. Respondent No.3/Collector is directed to constitute a Committee for demarcation of land including the officials of respondent No.2. The said team so constituted by the Collector, thereafter, shall issue notice to all interested parties to appear on the date and time fixed at the spot. If upon demarcation, it is found that extra land of the petitioner than that was acquired has been used by respondent No.2 for construction of national highway then respondents No. 2 & 5 shall take all necessary steps for initiating the proceedings for acquisition of land and to pay compensation to the petitioner in accordance with law. 6. With the aforesaid observation and direction, writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Praveen