1 CGHC010269082021 2026:CGHC:38242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4394 of 2021 1 - Deepak Poddar S/o Bhushan Lal Poddar Aged About 53 Years R/o Village Fingeshwar Tahsil Rajim District Gariyaband Chhattisgarh 2 - Smt. Durga Poddar D/o Bhushan Lal Poddar Aged About 75 Years R/o Ward No. 16, Mahasamund, District Mahasamund Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department (Bridge And Construction), Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2 - Executive Engineer Public Works Department, Mahasamund District Mahasamund Chhattisgarh 3 - Collector (Land Acquisition Branch) Mahasamund District Mahasamund Chhattisgarh 4 - Sub Divisional Officer (Revenue)-Cum-Land Acquisition Officer Mahasamund District Mahasamund Chhattisgarh 5 - Tehsildar Mahasamund District Mahasamund Chhattisgarh -- Respondents (Cause title is taken from CIS system) For Petitioners : Mr. Kabir Kalwani, Advocate For Respondents/State : Mr. Karan Baharani, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 25/08/2026 1. Petitioners have filed this petition seeking following relief (s) : - “1] That, this Hon'ble Court may kindly be pleased to writ/writs, order/orders, direction/directions and the BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 respondents may kindly be directed to purchase the land of the petitioners bearing Khasra No. 1190/1, Plot No. 7/1 area 56.780 Sqmtr., situated at Mahasamund as per the Purchase of Land on Consent Policy, 2016 and they may further be directed to pay the amount of compensation in the shape of the amount of consideration of the sale deed. 2] That, this Hon'ble Court may kindly be pleased to writ/writs, order/orders, direction/directions and if the respondents are not ready to purchase the land of the petitioner under the Purchase Policy of 2016 then they may be directed to acquire the land of the petitioner bearing Khasra No. 1190/1, Plot No. 7/1 area 56.780 Sqmtr., situated at Mahasamund in accordance with law i.e. as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, Act 2013 along with the interest. 3] That, this Hon'ble Court may kindly be pleased to writ/writs, order/orders, the and order direction/directions /recommendation dated 12.08.2021 issued by Sub Divisional Officer, Public Works Department Bridge Division may kindly be set-aside. 4] 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. 2. Learned counsel for petitioners submits that initially for the purpose of construction of fly over bridge in Mahasamund, Collector has made proposal for acquiring the land with house of petitioner bearing Kh. No.1190 area 56.780 sq.mt. under mutual purchase policy, however, thereafter, no sale deed has been executed, therefore, this writ petition was filed. 3 3. Learned State counsel submits that at the time of proposed construction of over bridge, offer was made to petitioners to hand over the vacant possession of the house, however, at that relevant point of time, vacant possession of the house was not handed over and therefore, the sale deed was not executed and now over bridge has been constructed without affecting the property/house of petitioners and now there is no requirement of the said portion of the land for the State Government. He also referred to the photographs (Annexure R- 4) enclosed along with reply to show that house of petitioners is not affected and is still there even after construction of fly over. 4. The status of the house as of now and construction of fly over bridge has not been disputed by counsel for petitioners. 5. In the aforementioned facts of the case when the property of the petitioners is not in need of by the State Government, the relief as sought for in this writ petition cannot be granted. 6. Accordingly, this writ petition is dismissed reserving liberty with petitioners to file appropriate proceedings if any exigency arises in future. Sd/- (Parth Prateem Sahu) Judge Balram