1 CGHC010185742021 2026:CGHC:31335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3117 of 2021 1 - Ajay Motwani, S/o Prabhakar Motwani Aged About 34 Years R/o 276 Gopichand Colony , Kumhar Para (Tala Para), Jarhabhata, District Bilaspur (C.G.) 2 - Vandana Jagyasi, W/o Prakash Kumar Jagyasi Aged About 58 Years R/o 204 In Front Of Panchayat Bhawan Bhakt Kavar Ram Nagar, Bilaspur (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya Nava Raipur, Raipur, District Raipur (C.G.) 2 – Collector, Office Of Collector, District Bilaspur (C.G.) 3 - Sub Divisional Officer (Revenue) And Land Acquisition Officer Bilaspur, District Bilaspur ... Respondents For Petitioners : Mr. Arvind Shrivastava, Senior Advocate with Mr. Siddhant Sharma, Advocate. For State/Respondents : Mr. Atanu Ghosh, Dy.G.A. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.28 16:15:24 +0530 2 SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 22/07/2026 1. Petitioners have filed this writ petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents to produce the entire land acquisition records. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent State to disburse the compensation amount to the petitioners along with interest. 10.3 That, this Hon'ble Court may be pleased to pass any other relief that this Hon'ble Court may deem fit and proper.” 2. Learned counsel for the petitioners submits that the petitioners have purchased the land bearing khasra No.626/17, measuring 299 sq.ft. from Sardar Gurmeet Singh vide registered sale deed dated 11/02/2008, since then the petitioners are in possession of diverted commercial plot. The part of construction of the petitioners was affected at the time of the construction of the Tifra Second Fly Over, however the petitioners have not been paid the amount of compensation. He also contended that though the other persons whose land/property was affected in the construction of Tifra Second Fly Over were given the compensation in accordance with law but the name of the petitioners were not found in the list nor in the award. Petitioners thereafter have submitted representation 3 before the Sub Divisional Officer-cum-Land Acquisition Officer raising the grievance as the part of the land of the petitioners is also affected and therefore the amount of compensation be computed in accordance with law and to be paid to them, however no decision has been taken on the representation dated 18/04/2019 which made the petitioners to file this writ petition. 3. Learned counsel for the respondents/State would submit that though reply is not filed, however as per the instructions received by him today telephonically and further documents forwarded to him on line, it is appearing that one panchnama is prepared dated 13/12/2019 in which it is found that the land of the petitioners were not affected. He also submits that in the said proceedings it is also mentioned that though the petitioners were present, however they refused to sign. 4. At this stage, learned counsel for the petitioners would submit that it is true that the petitioners at the time of the preparation of the said panchnama were present, however as the authorities present and had prepared the panchnama has not followed the proper procedure for demarcation and therefore the petitioners refused to sign the proceedings. 5. I have heard learned counsel for the parties. 6. Petitioners have placed on record the revenue documents of khasra No.626/17 recorded in their name. The area of land 4 which is mentioned in the sale deed by which the petitioners came in possession as owner mentions the area of the land as 299 sq.ft., it is also not in dispute that in the nearby area where the land of the petitioners is situated, the Tifra Second Fly Over is also constructed and some of the houses situated nearby to the land of the petitioners is stated to have been affected and they have also been paid the amount of compensation. 7. 7. In the aforementioned facts of the case, to arrive at a conclusion whether the land and property of the petitioners is also affected in construction of the Tifra Second Fly Over, proper measurement/demarcation of the land is necessary. As the area of the land of the petitioners is only 299 sq.ft. and the construction of the Tifra Second Fly Over/road would be from front of the plot of the petitioners, the writ petition at this stage is disposed of directing to the respondent No.3 to get the area of the land bearing khasra No.626/17 be measured and demarcated again in presence of the Revenue Officials and the petitioners, in accordance with law. Let the said exercise be completed within a further period of three months from the date of receipt of the copy of the order. Sd/- (Parth Prateem Sahu) Judge gouri