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2026 DAILYLAW 34897 (CHH)

DHARMENDRA KUMAR PATEL v. UNION OF INDIA

WPC/4571/2026 · 2026-09-07

Shri Amitendra Kishore Prasad

Transfer Petitionbody2026

Judgment text

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1 CGHC010331162026 2026:CGHC:39277 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4571 of 2026 Dharmendra Kumar Patel S/o Radheshyam Patel Aged About 51 Years R/o Village Belsari Tehsil Takhatpur, District- Bilaspur (C.G.) ... Petitioner versus 1 - Union Of India Through Secretary, Ministry Of Road Transport And Highways Transport Bhawan Sansad Marg Area New Delhi, District New Delhi Delhi 2 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur Chhattisgarh 3 - Chief Engineer, Public Work Department, National Highway Region Raipur District- Raipur Chhattisgarh 4 - Collector, Bilaspur, District- Bilaspur, Chhattisgarh 5 - Sub Divisional Officer, (Revenue) Cum Land Acquisition Officer Kota, District- Bilaspur (C.G.) ---- Respondents For Petitioner : Mr. Hariom Rai, Advocate For State-Respondent : Dr. Arham Siddiqui, PL For Union of India : Mr. T.S. Sahu, Advocate on behalf of Mr. Ramakant Mishra, DSGI Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 08/09/2026 VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2026.09.08 16:37:54 +0530 2 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following prayer(s) :- “10.1 That, this Court may kindly be pleased to direct the respondent authorities to decide the representation pending under Section 80 of the Act, 2013 within time frame of 03 months in accordance with law. (Annexure P/1). 10.2 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 2. Brief facts of this case are that, the land of the petitioner is acquired for the construction of Takhatpur Bypass under National Highway 130A Bilaspur-Takhatpur-Mungeli-Pandariya-Pondi road, which was situated at Village Belsarii Tehsil Takhatpur District Bilaspur (C.G.). The award was passed on 25.05.2025, but compensation for the said land was paid on 13.02.2026. The petitioner moved the representation before the authorities for the payment of interest under Section 80 of the Right to Fair Compensation and Rehabilitation and Resettlement Transparency in Land Acquisition, Act, 2013 which is pending till date. Hence, this petition. 3. Learned counsel for the petitioner would submit that the land of the petitioner is acquired for construction of Takhatpur Bypass under National Highway 130A. The petitioner already moved a representation before the concerned authority for giving the benefit of Section 80 of Act, 2013. He would further submit that the right to property is constitutional right provided under Article 300A of Constitution of 3 India and no one can be deprived from his property except due process of law. Till date the representation of petitioner has not been decided by the respondent authorities. Therefore, it is prayed that it may be directed to the authorities concerned to consider and decide the pending representation of the petitioner within stipulated period. 4. Learned counsel for the respondents having no objection on the submission made by learned counsel for the petitioner and would submit that the concerned authorities shall consider and decide the representation of the petitioner in accordance with law. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having heard learned counsel for the parties and considered the matter in its entirety, and after affording an opportunity of hearing to the petitioner, the concerned authorities are directed to consider and decide the pending representation of the petitioner, in accordance with law, within a period of 60 days from today. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. The concerned authorities shall consider and decide the representation on its own merits, in accordance with law. 8. Accordingly, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vasant