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CGHC010124452021
2026:CGHC:35757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No.
2237
of 2021
• Suresh Chandra Goel S/o Late Ganpat Ram Aged About 65 Years R/o Sumangalam, Near Shaheed Chowk, Tilak Nagar, Bilaspur , Tehsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
... Petitioner versus
1. State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Department, Mantralaya , Mahanadi Bhawan, Naya Raipur , District Raipur Chhattisgarh.
2. Union Of India Through Secretary, Ministry Of Road, Transport And Highways, New Delhi.
3. Commissioner (Revenue) Bilaspur Division , District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
4. Collector Bilaspur , District Bilaspur Chhattisgarh.
5. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Bilaspur , District Bilaspur Chhattisgarh.
6. Tehsildar Bilha Tehsil Bilha , District Bilaspur Chhattisgarh.
7. National Highway Authority Of India Through Project Director, Project Implementation Unit , Bilaspur , Office At H.I.G. 1, Abhilasha Parisar, Behind New Bus Stand , Tifra , Bilaspur District Bilaspur Chhattisgarh. ... Respondents WPC No. 2238 of 2021 • Mohammed Gaffar S/o Late Jan Mohammed Aged About 54 Years R/o Ward No. 15 , Jaibuddha Nagar , Bannak Chowk, Sirgitti, Bilaspur , Tehsil And District Bilaspur Chhattisgarh.
---Petitioner(s) Versus
1. State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Department, Mantralaya , Mahanadi Bhawan, Naya Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
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2. Union Of India Through Secretary , Ministry Of Road, Transport And Highways, New Delhi.
3. Commissioner (Revenue) Bilaspur Division , District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
4. Collector Bilaspur , District Bilaspur Chhattisgarh.
5. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Bilaspur , District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
6. Tehsildar Bilha Tehsil Bilha , District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
7. National Highway Authority Of India Through Project Director, Project Implementation Unit , Bilaspur , Office At H.I.G. 1, Abhilasha Parisar, Behind New Bus Stand , Tifra , Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
--- Respondent(s) For Petitioners : Mr. Harsh Wardhan, Advocate For Respondent No. 1, 3 to 6 : Mr. Karan Bahrani, Panel Lawyer For Respondent No. 2 : Mr. Abhishek Banjare, Central Govt. counsel For Respondent No. 7-NHAI : Mr. Dhiraj Wankhede, Advocate Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 12/08/2026
1. As the common issue has been involved in both these writ petitions, therefore they are heard together and disposed of by this common order.
2. Following are the common reliefs sought for by the petitioners in these writ petitions:
“10.1 That, the Hon’ble Court may be kindly pleased to call for the entire records pertaining to the Land Acquisition of petitioners’ land and in respect of the land acquisition proceedings undertaken in the possession of the respondents, for its kind perusal. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondents to take all necessary steps and make provision for proper approach/way to the lands of the petitioners. 10.3 That, the Hon’ble Court may be pleased to grant any other relief which the Hon’ble Court deems fit and proper in the facts and circumstances of the present case including grant of cost of the petition to petitioner.”
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3.
Learned counsel for petitioners submits that petitioner-Suresh Chandra Goel is the owner of land bearing Kh. No. 4/2, P.H. No. 11, village Jhalfa,Tahsil- Bilha, District Bilaspur, admeasuring 0.040 hectare and adjoining land at Kh. No. 2227/1 situated at village Hardi, P.H. No. 11, Tahsil Bilha, District Bilaspur, admeasuring about 0.441 hectares and petitioner-Mohammad Gaffar is the owner of land bearing Kh. No. 228/3 situated at village Hardi, P.H. No. 11, Tahsil Bilha, District Bilaspur, C.G., admeasuring 0.441 hectares. He contended that respondent No. 7-NHAI while widening of the road and construction of road had constructed flyover in front of the land of petitioners. However, they have not constructed any service road on both the sides of the flyover. He submits that petitioners are not having any access to their lands situated at side of the road.
4. At this stage, learned counsel for respondent No. 7-NHAI would submit that according to his instruction which is received recently, NHAI has framed a policy vide circular dated 26.06.2020 for considering grievances raised online through their portal namely ‘Rajmarg Pravesh Portal’, if any raised by the land owners. Subject of policy is: Guidelines/ Norms for grant of permission for construction of access fo Fuel Stations, Wayside amenities, connecting road, other properties, Rest Area Complexes and such other facilities. If petitioners submit grievances with the portal as provided under the said guidelines, their grievance will be considered in accordance with law.
5.
Learned counsel for respondent No. 2-Union of India, adopts the submission made by learned counsel for respondent No. 7.
6. Considered the submissions made by learned counsel for the respective parties.
7. Petitioners before filing of these writ petitions have not submitted any representation or claim before respondent No. 7-NHAI, who would be the competent authority to consider the grievance of petitioner at first instance of providing access over the properties belong to the land owners.
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8. According to the submission made by learned counsel for Respondent No. 7, the policy is in place to consider such issues, formulated by the Ministry of Road Transport and Highways and therefore I find it appropriate to dispose of these writ petitions at this stage reserving liberty with the petitioners to raise all their grievance as raised in these writ petitions through the abovesaid Portal of the NHAI and if such grievance is raised, the concerned authority shall consider and decide the same in accordance with law, expeditiously within a period of 06 months. Sd/- (Parth Prateem Sahu) pwn
JUDGE