1 CGHC010115192023 2026:CGHC:34548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1804 of 2023 1 - Sharad Prasad Punj S/o Late Shri S.M. Punj Aged About 55 Years R/o - 46, Narmada Road, Jabalpur, District- Jabalpur (M.P.). Pin Code- 482001. 2 - Robert Tirki S/o Shri Suleman Tirki Aged About 50 Years R/o - Village- Kaikachar (Champatoli), Tehsil - Duldula, District - Jashpur (C.G.). Pin Code - 496331. 3 - Rishi Prasad Punj S/o Late Shri S.M.Punj Aged About 53 Years R/o - 503, Pawansut Apartment, Narmada Road, Jabalpur, District- Jabalpur (M.P.). Pin Code- 482001. 4 - Augustina W/o Joseph Tigga Aged About 60 Years D/o Emil, R/o - Village- Champatoli, Tehsil - Duldula, District- Jashpur (C.G.). Pin Code- 496331. 5 - Amrus S/o Yakub Aged About 50 Years R/o - Village- Champatoli, Tehsil - Duldula, District- Jashpur (C.G.). Pin Code- 496331. 6 - Najarius S/o Lukas Aged About 60 Years R/o - Village- Champatoli, Tehsil - Duldula, District- Jashpur (C.G.). Pin Code- 496331. 7 - Balastus S/o Filta Aged About 70 Years R/o - Village- Champatoli, Tehsil - Duldula, District- Jashpur (C.G.). Pin Code- 496331. 8 - Daud S/o Panaru Aged About 58 Years R/o - Village- Champatoli, Tehsil - Duldula, District- Jashpur (C.G.). Pin Code- 496331. 9 - William Ekka S/o Nunu Aged About 82 Years R/o - Village- Champatoli, Tehsil - Duldula, District- Jashpur (C.G.). Pin Code- 496331. 10 - Manjeet S/o Adward Aged About 30 Years R/o - Village- Champatoli, Tehsil - Duldula, District- Jashpur (C.G.). Pin Code- 496331. 11 - Chamun Singh S/o Late Shri Rajkumar Aged About 59 Years R/o - Village- Khandsa, Tehsil - Kunkuri, District- Jashpur (C.G.). 12 - Girdhari Singh S/o Late Shri Shankhnath Singh Aged About 54 Years R/o - AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.08.07 10:16:08 +0530 2 Village- Khandsa, Tehsil - Kunkuri, District- Jashpur (C.G.). 13 - Hari Shankar Singh S/o Late Shri Uday Nath Singh Aged About 45 Years R/o - Village- Khandsa, Tehsil - Kunkuri, District- Jashpur (C.G.). 14 - Brij Mohan Singh S/o Late Shri Ram Singh Aged About 65 Years R/o - Village- Khandsa, Tehsil - Kunkuri, District- Jashpur (C.G.). 15 - Habil Ekka S/o Biro Uraon Aged About 65 Years R/o - Village- Khandsa, Tehsil - Kunkuri, District- Jashpur (C.G.). 16 - Chhabbi Mohan Singh S/o Late Shri Ram Singh Aged About 60 Years R/o - Village- Khandsa, Tehsil - Kunkuri, District- Jashpur (C.G.). 17 - Johan Tirkey S/o Joseph Aged About 64 Years R/o - Village- Kaikachar, Champatoli, Tehsil - Duldula, District- Jashpur (C.G.). 18 - Sudeep Mukherjee S/o Late Shri S.K. Mukherjee Aged About 60 Years R/o - Village- Pataratoli, Tehsil - Jashpur, District- Jashpur (C.G.). ... Petitioner(s) versus 1 - Union Of India Through - The Secretary, Ministry Of Road Transport And Highways, Government Of India, Transport Bhawan, 1 Parliament Street, New Delhi. Pin Code - 110001. 2 - The Secretary Ministry Of Road Transport And Highways, Government Of India, Transport Bhawan, 1 Parliament Street, New Delhi. Pin Code - 110001. 3 - Executive Engineer Public Works Department, National Highway Division, Division - Jashpur, District : Jashpur, Chhattisgarh 4 - Sub - Divisional Officer (Revenue) (S D O) And The Land Acquisition Officer Kunkuri, Division-Jashpur, District : Jashpur, Chhattisgarh 5 - Collector District - Jashpur (C.G.). 6 - Tehsildar District - Jashpur (C.G.). ... Respondent(s) For Petitioner(s) : Shri K Rohan, Advocate. For Respondent Nos.1 to 3-UOI. : Ms. Anmol Sharma, Advocate. For State/respondent : Shri Abhuday Tripathi, PL. SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 06/08/2026 1. Petitioners have preferred the instant Writ Petition being aggrieved by the 3 illegal and arbitrary action of the Respondent Authorities whereby the National Highway i.e. NH 73, now known as NH 43 was widened/broadened by the Respondent Authorities without following the due process of law as neither any proceeding was drawn under the provisions of the National Highways Act, 1956, nor any compensation is/was ever paid to the affected parties land oustees i.e. the Petitioners herein, whose land already has been/stands utilised in the National Highway Road widening/broadening. 2. 2. The Petitioners are the recorded owners and lawful possessors of agricultural lands situated in the following villages in District Jashpur, Chhattisgarh:a) Village Khandsa, Tehsil Kunkuri, District Jashpur (C.G.); b). Village Pataratoli, Tehsil Duldula, District Jashpur (C.G.); c). Village Champatoli, Tehsil Duldula, District Jashpur (C.G.); and d). Village Patratoli, Tehsil Jashpur, District Jashpur (C.G.). The National Highways Act, 1956 provides the statutory framework for the declaration of National Highways and the acquisition of land required for the construction, widening, maintenance, management and operation of National Highways. Sections 3A to 3G of the Act prescribe the mandatory procedure for acquisition of land and payment of compensation to affected landowners. The Katni–Gumla Road (NH-78), which has subsequently been renumbered as NH-43, was declared a National Highway by the Ministry of Road Transport and Highways, Government of India, through a notification dated 01.05.2000. Consequently, the Pathalgaon–Ranchi Road passing through Village Khandssa and adjoining villages became part of the National Highway. Thereafter, the Respondent Authorities undertook widening and broadening of the said National Highway. In the course of such widening, substantial portions of the 4 Petitioners' agricultural lands were taken over and permanently utilized for the National Highway. The Respondent Authorities, however, carried out the widening work without initiating acquisition proceedings in accordance with the provisions of the National Highways Act, 1956. No notification under the Act was issued prior to taking possession of the Petitioners' lands, no proceedings for determination of compensation were undertaken, and no compensation whatsoever was paid to the Petitioners, despite their lands having been incorporated into and forming part of the National Highway. The action of the Respondent Authorities in utilizing the Petitioners' lands without following the mandatory statutory procedure amounts to an arbitrary and illegal deprivation of property and is in complete violation of the provisions of the National Highways Act, 1956, as well as Article 300A of the Constitution of India. Subsequently, the Central Government, through the Ministry of Road Transport and Highways, issued Gazette Notification dated 17.09.2019 under Section 3A(1) of the National Highways Act, 1956 declaring its intention to acquire lands for building, widening, maintenance, management and operation of NH-78 (New NH-43) for the stretch from Km 531.250 to Km 563.000 situated within District Jashpur, Chhattisgarh. Thereafter, another Gazette Notification dated 30.10.2019 under Section 3A(1) of the National Highways Act, 1956 was issued in respect of additional lands required for the same National Highway project. The Notification dated 17.09.2019 pertains to the lands situated in Village Pataratoli and adjoining villages, whereas the Notification dated 30.10.2019 pertains, inter alia, to the lands situated in Village Khandsa, District Jashpur. Although acquisition proceedings were initiated by the aforesaid notifications, the Respondent Authorities have failed 5 to carry the proceedings to their logical conclusion. Till date, no award determining compensation has been passed under the National Highways Act, 1956, nor has any compensation been disbursed to the Petitioners. The Petitioners' lands have already been utilized for the widening and construction of the National Highway and have ceased to remain in their effective possession and enjoyment. Despite such utilization, the Petitioners have neither been compensated nor afforded the statutory safeguards contemplated under the National Highways Act, 1956. The inaction of the Respondent Authorities in completing the acquisition proceedings and paying lawful compensation, coupled with the earlier unauthorized utilization of the Petitioners' lands, is wholly arbitrary, illegal, unjust and violative of the Petitioners' constitutional and statutory rights. The Petitioners have repeatedly approached the concerned authorities seeking completion of the acquisition proceedings and payment of compensation. However, despite repeated requests and the lapse of several years, no effective action has been taken by the Respondents. Left with no efficacious alternative remedy and being aggrieved by the illegal action and continued inaction of the Respondent Authorities, the Petitioners have approached this Hon'ble Court by way of the present writ petition under Article 226 of the Constitution of India seeking appropriate directions for completion of the acquisition proceedings, determination and payment of lawful compensation along with all statutory benefits. 3. Learned counsel for the petitioner at the outset draws attention of this Court towards the return filed by the Union of India from which, it is evident that payment of compensation to the petitioners is not in dispute. He submits that 6 the respondents have categorically stated that disbursement of compensation was being carried out through offline mode and now it has been transitioned to online mode. He submits that the respondents had also called a report in this regard from the SDM and it was found that amount initially sanctioned by the Ministry was insufficient to meet the total compensation demand and therefore, a Revised Cost Estimate has been prepared and submitted to the competent authority in the Ministry for approval. He submits that since the payment of the compensation to the petitioners is not in dispute then appropriate direction may be issued to the authorities for disbursement of the same. 4. On the other hand, learned Central Government Counsel for Union of India submits that the petitioners namely Brij Mohan Singh, Habil Ekka and Sudeep Mukherjee had raised certain objection with regard to their compensation, as such, disbursement could not be made. She submits that upon clearance of those objection, those petitioners will be paid compensation in accordance with law. 5. At this stage, counsel for the petitioner submits that the stage of receiving and entertaining objections under the National Highways Act has already been concluded. 6. Having heard counsel for the parties and considering their rival submissions, it is clear that the amount of compensation payable to the petitioners is not disputed by the respondent authorities. So far as submission of Union of India is concerned that due to there being mis-match in the name of some petitioners, amount of compensation is not yet disbursed is concerned, the 7 respondent authorities shall act upon those objections and upon clearance of those objections disburse the amount of compensation, in accordance with law. Relevant paragraph 25 of return of Respondent No.1 to 3 is as follows:- 25. It is further submitted that earlier the disbursement of compensation was being carried out through offline mode. However, presently, the mode of payment has been transitioned from offline to online mode. It is respectfully submitted that the project relating to National Highway No. 43 was completed on 15.09.2022. That the answering respondent seeked details from the SDM about the status of payment of compensation, either paid or pending, to the beneficiaries. The answering respondent has also given reminders to SDM to provide the same. That the SDM has recently submitted the details which were sought by answering respondent. Upon examination of the said report, it was found that the amount initially sanctioned by the Ministry was insufficient to meet the total compensation payable to the remaining landowners. That in this regard, a Revised Cost Estimate has been prepared and submitted to the Competent Authority in the Ministry for approval and the same is presently awaited. 7. Accordingly, Respondent No.3 is directed to disburse the amount of compensation payable to the petitioners, if not yet disbursed and in relation to the petitioners whose cases are under objection, they may receive compensation after their objection has been cleared, in accordance with law. 8. The aforesaid exercise be completed within within 60 days from the date of receipt of copy of this order. 9. With the aforesaid observation/direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash