1 CGHC010113462024 2026:CGHC:32417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2079 of 2024 Nripati S/o Late Shri Bahadul Mridha Aged About 80 Years R/o Village - Paterpali, Thana And Tahsil - Saraypali, Distt - Mahasamund, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, District - Raipur, Chhattisgarh. 2 - Commissioner Tribal Welfare Development Department, Indrawati Bhawan, Naya Raipur, Atal Nagar, Raipur, Distt - Raipur, Chhattisgarh. 3 - Collector Mahasamund, Distt - Mahasamund, Chhattisgarh. 4 - Assistant Commissioner Tribal Welfare Department Mahasamund, Distt - Mahasamund, Chhattisgarh. 5 - Sub-Divisional Officer (R) And Land - Acquisition Officer Saraypali, District - Mahasamund, Chhattisgarh. 6 - Tahsildar Saraypali Distt - Mahasamund, Chhattisgarh. 7 - Superintendent Scheduled Tribe Girls Hostel Saraypali, Distt - Mahasamund, Chhattisgarh. ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Sunil Sahu, Advocate. For the State : Mr. Soumitra Kesharwani, PL. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 2 28.07.2026 1. This petition has been filed under Article 226 of the Constitution of India with following reliefs: “10.1 That this Hon'ble court may kindly be pleased to call for the entire records pertaining to construction of Girl's Hostel in the petitioner's land. 10.2 That this Hon'ble court may kindly be pleased to direct the respondents to release the amount of compensation in favor of petitioner in lieu of acquisition of the land or to provide the alternate land. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that without paying any amount of compensation and without starting any proceeding under the the Land Acquisition Act, the State Government has taken the land of the petitioner and they have constructed the boundary wall for hostel on the petitioner’s land. Hence, petitioners have came-up before this Court with aforesaid prayer. 3. Learned counsel for the respondent/State submits that whether land of the petitioner has been acquired or not can only be verified after due demarcation of land in question. He further submits that a fresh demarcation is required to be done and, thereafter, if the land of the petitioner will come under the said demarcation, the respondent-authorities concerned will take appropriate steps for initiation of acquisition proceeding or to purchase the land under the Aapsi Sehmati Se Bhoomi Kray Niti 2016. 3 4. Learned counsel for the petitioner is not having any objection to the above submission/proposal made by the State Counsel. 5. Heard learned counsel for the parties and perused the petition. 6. Considering facts of the case, nature of reliefs, submissions of counsel for the parties, instant petition is disposed of directing the concerned authority to carry out the demarcation proceeding as per Section 129 of the Chhattisgarh Land Revenue Code, 1959 (CGLRC) in presence of present petitioner as well as other adjoining parties/persons. If upon demarcation, it is found that land of the petitioner has been taken, the concerned Authority is directed either to acquire the land as per Land Acquisition Act or to purchase the land under the Aapsi Sehmati Se Bhoomi Kray Niti 2016 and to give the proper compensation/sale consideration to the petitioner in accordance with law. 7. The aforesaid exercise be done as per relevant law/rules within a period of 90 days from the date of receipt of copy of this order. 8. However, it is made clear that the concerned Authorities are under obligation to give proper opportunities to the respective parties. The petitioner is also directed to cooperate with the proceeding of demarcation and further proceeding of acquisition/purchase under the Aapsi Sehmati Se Bhoomi Kray Niti 2016. Sd/- (Amitendra Kishore Prasad) Judge J.