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2026 DAILYLAW 31027 (CHH)

KAMLA DEVI v. STATE OF CHHATTISGARH

WPC/3995/2026 · 2026-08-12

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010289712026 2026:CGHC:35839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3995 of 2026 1 - Kamla Devi W/o Vishweshwar Aged About 48 Years R/o Patelpara, Village - Kapatbahari, Post Poksari, Police Station Sitapur, District Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Revenue Department, Mantralaya Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2 - Collector Ambikapur District Surguja Chhattisgarh. 3 - Land Acquisition Officer/ Sub Divisional Officer (Revenue) Ambikapur, District Surguja Chhattisgarh. 4 - National Highway Authority Of India Ltd. Through Project Director Bilaspur, D-61, H I G I, United Abhilasha Parisar New Bus Stand, Tifra, Bilaspur, District Bilaspur Chhattisgarh. 5 - Executive Engineer Public Works Department, National Highway Division, Ambikapur, District Surguja Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Anurag Singh, Advocate. For Respondent(s)/State : Mr. Soumitra Kesharwani, Panel Lawyer. For Respondents No. 4 & 5 : Mr. Dhiraj Kumar Wankhede, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 13/08/2026 1. Heard on I.A. No. 1/2026, an application for impleadment along with affidavit. 2. On due consideration and for the reasons mentioned in the application, I.A. No. 1/2026 is allowed. 3. Necessary amendment be carried out during the course of the day. 4. By way of this petition, the petitioner has prayed for following reliefs:- “1]That, the Hon'ble Court may kindly be pleased to issue writ/writs, order/orders, directing the respondents to consider and decide the petitioner's claim for compensation in respect of land bearing Khasra No.2880/2 admeasuring 0.068 hectares utilized for construction of National Highway No.43, strictly in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2] to the That, the Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions respondents to determine and pay fair compensation together with all consequential statutory benefits including solatium, rehabilitation benefits, if admissible, and interest within a time bound period. 3 3] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 5. Learned counsel for the petitioner submits that respondents have utilized the petitioner's private land for a public purpose without initiating proceedings under the Right Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and not paid any compensation. He submits that Revenue Inspector, Batouli, in demarcation proceedings bearing Case No. 202504020/00052/A-12/2024-25, categorically reported that 0. hectares of the petitioner's land has been utilized for the National Highway. Despite the said official report and repeated representations made by the petitioner, the respondents have failed to consider the petitioner's claim or pay lawful compensation. Hence, appropriate directions for payment of compensation in accordance with law may be issued to the respondents. 6. Learned counsel appearing for Respondent Nos. 4 & 5 submits that the respondents are ready and willing to undertake demarcation of the petitioner's land and, upon completion of the demarcation, if it is found that any portion of the petitioner's land has been utilized for construction/widening of National Highway No. 43, the respondents will take appropriate action in accordance with law. 4 7. In view of the submission made by learned counsel appearing for Respondent Nos. 4 & 5, the respondents are directed to undertake the demarcation of the petitioner's land bearing Khasra No. 2880/2, admeasuring 0.068 hectare, situated at Village Mangari, Tahsil Batouli, District Surguja (C.G.), and determine the extent, if any, of the petitioner's land utilized for construction/widening of National Highway No. 43. 8. The aforesaid exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. 9. Thereafter, if upon demarcation it is found that any portion of the petitioner's land has been utilized for the National Highway, the competent authority shall consider the petitioner's claim for initiation of appropriate acquisition proceedings and payment of compensation in accordance with law, and pass a reasoned order thereon, preferably within a further period of four weeks. 10. The petitioner shall be at liberty to submit a copy of this order along with all relevant documents before the concerned authorities for necessary compliance. 11. With the aforesaid directions, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat