1 CGHC010314792022 2026:CGHC:34794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4336 of 2022 1 - Bhagirathi S/o Shri Nohar Singh Aged About 50 Years R/o Village Pacheda, Tahsil Pusour, District Raigarh Chhattisgarh 2 - Ramsingh S/o Late Khageshwar Patel Aged About 70 Years R/o Village Pacheda, Tahsil Pusour, District Raigarh Chhattisgarh 3 - Hem Kumari D/o Joidha Ram Patel Aged About 52 Years R/o Village Pacheda, Tahsil Pusour, District Raigarh Chhattisgarh 4 - Devchand S/o Prabhu Ram Aged About 43 Years R/o Village Pacheda, Tahsil Pusour, District Raigarh Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh 2 - The Secretary Department Of Revenue Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh 3 - Engineer In Chief Public Works Department, Shivnath Bhawan, Atal Nagar Raipur Chhattisgarh 4 - Collector Raigarh District Raigarh Chhattisgarh 5 - Sub Division Officer R/ Land Acquisition Officer, Raigarh, District Raigarh Chhattisgarh 6 - Sub Division Officer P.W.D. (Bhawan And Sadak), Raigarh, Block Raigarh, District Raigarh Chhattisgarh 7 - Executive Engineer P.W.D. (Bhavan/ Sadak), Raigarh, District Raigarh Chhattisgarh ... Respondents YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.08.07 18:37:59 +0530 2 (Cause-title taken from Case Information System) For Petitioners : Mr. Jeet Ram Patel, Advocate For State : Mr. S.S. Choubey, Govt. Advocate and Mr. Abhuday Tripathi, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 07.08.2026 1. By filing the present writ petition, the petitioners have challenged the inaction and arbitrary conduct of the respondent authorities in failing to initiate land acquisition proceedings and in not determining and paying compensation in respect of the portions of the petitioners’ lands situated at Village Pacheda, R.N.M. & Tahsil Pusour, District Raigarh (CG.), which were utilized for the constrictor of the road from Village Pacheda to Amaldiha under the respondent department. The petitioners have prayed for following relief(s) :- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to grant the compensation of the affected land of the petitioners and regarding this land acquisition proceeding may be commenced and accordingly the compensation may be paid to the petitioners with interest @ 18%, in the interest of justice. 3 10.3 That, this Hon'ble Court may kindly be pleased to direct decide and consider the submitted by the the respondents to representations/applications petitioners, in the interest of justice. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioners submits that portions of the petitioners' lands situated at Village Pacheda, R.N.M. & Tahsil Pusour, District Raigarh (C.G.), bearing Khasra Nos. 332/5, 332/4, 331 and 330/1, have been utilized for the construction of the road from Village Pacheda to Amaldiha by the respondent authorities, but no compensation has been paid to the petitioners till date. It is submitted that the road was constructed prior to the year 2010 without initiating any land acquisition proceedings or determining the compensation payable to the petitioners. Learned counsel further submits that the petitioners are the recorded owners of the affected lands and, pursuant to their grievances, the concerned Revenue Authorities conducted an inquiry, prepared a Panchnama and spot map, and found that the petitioners' lands had in fact been affected by the construction of the said road. Despite repeated oral requests and representations submitted by the petitioners before the competent authorities since the year 4 2011, neither have land acquisition proceedings been initiated nor has any compensation been assessed or paid. It is, therefore, submitted that the respondent authorities are under a statutory obligation to initiate appropriate proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, determine the compensation payable and release the same to the petitioners in accordance with law. Learned counsel, therefore, prays that the competent authority be directed to consider and decide the pending representations of the petitioners and, upon verification of the affected lands, initiate appropriate proceedings for determination and payment of compensation. 3. Learned State counsel submits that the petitioners have already submitted representations before the competent authorities seeking payment of compensation and the same shall be considered and decided in accordance with law. It is further submitted that if, upon verification of the records, the inquiry report, Panchnama and spot map, it is found that the lands of the petitioners have in fact been utilized for the construction of the road from Village Pacheda to Amaldiha, the competent authority shall undertake the necessary exercise, including demarcation of the affected lands, wherever required, and thereafter take appropriate steps for determination and payment of compensation by passing a reasoned and speaking order in accordance with law. 5 4. Heard learned counsel for the parties and perused the material available on record. 5. Considering the submissions advanced by learned counsel for the parties and without expressing any opinion on the merits of the claim made by the petitioners, this Court deems it appropriate to dispose of the present petition with a direction to the competent authority to consider and decide the representations submitted by the petitioners seeking payment of compensation for the lands utilized in the construction of the road from Village Pacheda to Amaldiha, in accordance with law. 6. It is directed that the competent authority shall verify the claim of the petitioners on the basis of the revenue records, Panchnama, spot map and other relevant material available on record and, if necessary, undertake demarcation of the subject lands after issuing due notice to the petitioners. The petitioners shall be informed of the date fixed for demarcation and shall be afforded due opportunity to remain present during the demarcation proceedings. 7. In the event it is found that any portion of the lands belonging to the petitioners has been utilized for the construction of the road from Village Pacheda to Amaldiha, the competent authority shall take all consequential steps in accordance with law, including initiation of appropriate proceedings for determination and payment of compensation payable to the petitioners under the 6 provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, by passing a reasoned and speaking order. 8. The entire exercise, including consideration of the representations submitted by the petitioners, verification of their claim, demarcation, if required, initiation of appropriate proceedings for acquisition and determination of compensation, and passing of the final reasoned order, shall be completed within a period of 90 days from the date of receipt of a certified copy of this order. 9. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioners, and the competent authority shall independently examine the matter on the basis of the material available on record and in accordance with law. 10. With the aforesaid observations and directions, the writ petition stands disposed of. No order as to costs. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh