1 CGHC010278042026 2026:CGHC:34412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4096 of 2026 1 - Ayodhya Prasad S/o Rijhuram Aged About 63 Years R/o Village Karauvadih, Tahsil Bhothiya, District- Sakti, C.G. 2 - Dev Prasad S/o Rijhuram Aged About 57 Years R/o Village Karauvadih, Tahsil Bhothiya, District- Sakti, C.G. 3 - Chhedilal S/o Nand Sai Aged About 76 Years R/o Village Karauvadih, Tahsil Bhothiya, District- Sakti, C.G. 4 - Baldau Prasad S/o Bhojram Sahu Aged About 44 Years R/o Village Karauvadih, Tahsil Bhothiya, District- Sakti, C.G. 5 - Shyam Lal Jangde S/o Chintaram Jangde Aged About 90 Years R/o Village Karauvadih, Tahsil Bhothiya, District- Sakti, C.G. 6 - Kaliram Sidar S/o Panchu Sidar Aged About 87 Years R/o Village Karauvadih, Tahsil Bhothiya, District- Sakti, C.G. 7 - Bijelal Sidar S/o Motilal Sidar Aged About 52 Years R/o Village Karauvadih, Tahsil Bhothiya, District- Sakti, C.G. 8 - Parasram Joshi S/o Salik Ram Aged About 50 Years R/o Village Karauvadih, Tahsil Bhothiya, District- Sakti, C.G. ... Petitioners Digitally signed by AMIT PATEL 2 versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, C.G. 2 - The District Collector Sakti, District Sakti, C.G. 3 - The Sub Divisional Officer (Revenue) Sakti, District Sakti, C.G. 4 - Executive Engineer Public Works Department, Champa Division, District- Janjgir-Champa, C.G. 5 - Tahsildar Bhothiya, District Sakti, C.G. 6 - Revenue Inspector Bhothiya, District Sakti, C.G. ... Respondents (Cause title is downloaded from CIS Periphery) For Petitioners : Mr. Arvind Kumar Dubey, Advocate For State/Respondents: Dr. Arham Siddiqui, PL Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06.08.2026 1. The petitioner has filed the instant petition for following reliefs:- “10.1 To kindly issue an appropriate writ, order or direction directing the respondent authorities to carry out proper demarcation of the land belonging to each of the petitioners. 3 10.2 To kindly issue an appropriate writ, order or direction directing the respondent authorities that, upon verification and demarcation confirming that the land belonging to the petitioners has been utilized for construction of the Nandeli- Karauvadih Road, the respondents shall assess, determine and disburse just, fair and lawful compensation to the petitioners along with all consequential statutory benefits, including solatium and interest, strictly in accordance with law. 10.3 To kindly issue an appropriate writ, order or direction directing the respondent authorities to forthwith conclude the land acquisition proceedings in respect of the additional land belonging to the petitioners proposed to be acquired for construction/widening of the Nandeli-Karauvadih Road, within a stipulated time frame as may be fixed by this Hon'ble Court, strictly in accordance with law. 10.4 Direct the respondents to pay interest on the compensation amount from the date of actual dispossession/usage of the petitioners' land till the date of final payment, in the interest of justice and equity; 4 10.5 To grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 2. Learned counsel for the petitioner submits that the petitioners are land holder at Village Karauvadih. The petitioner No. 1 is the owner of land bearing Khasra No. 215/1, petitioner No. 2 is the owner of land bearing Khasra No. 301/1, petitioner No. 3 is the owner of land bearing Khasra No. 302/9, petitioner No. 4 is the owner of land bearing Khasra No. 216/2, petitioner No. 5 is the owner of land bearing Khasra No. 217/1, petitioner No. 6 is the owner of land bearing Khasra No. 149/1, petitioner No. 7 is the owner of land bearing Khasra No. 133 and petitioner No. 8 is the owner of land bearing Khasra No. 218 at village Karauvadih, Tahsil- Bhotiya, District- Sakti. He would submit that the State Highway is being constructed and widening of road is being done on the route Nandeli to Karauvadih road. He would submit though the land of the petitioners are being acquired by force, neither the compensation is paid nor any proceeding for compensation is drawn. Therefore, the respondent authorities may be directed to acquire the land in accordance with law. 3. Learned State counsel, on the other hand, submits that appropriate instructions shall be obtained in the matter and the grievance of the petitioners can be examined by the competent authority in accordance with law. 5 4. Upon perusal of the record, this Court finds that though the right to property is no longer a fundamental right, it continues to be a constitutional right under Article 300A of the Constitution of India. Therefore, no person can be deprived of his property save by authority of law and without following due process, including payment of compensation. In the present case, the limited grievance of the petitioner is that his land has been utilized for widening of the Nandeli-Karauvadih road without acquisition and without compensation. Such a grievance requires factual verification, particularly with regard to demarcation of the land and the extent of utilization, which can appropriately be undertaken by the competent revenue authorities. 5. Accordingly, without expressing any opinion on the merits of the case, this petition is disposed of with the following directions: (i) The petitioners shall file an appropriate application before the competent authority for demarcation of the land in question, if not already filed. (ii) Respondent No.2/Collector, District Sakti, shall consider and decide the application after ensuring proper demarcation of the petitioners’ land with due notice to all concerned parties.(iii) The concerned revenue authorities shall cooperate in the process of demarcation and ensure that the exercise is carried out expeditiously. (iv) If, upon demarcation, it is found that the lands of the petitioners have been utilized for the construction/widening of the road, the respondent authorities shall take appropriate steps for acquisition of the land and ensure 6 payment of compensation and other admissible benefits to the petitioners strictly in accordance with applicable law. (v) The entire exercise shall be completed within a period of 90 days from the date of receipt of a certified copy of this order. 6. With this observation and direction, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge AMIT PATEL