1 CGHC010368952026 2026:CGHC:42181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4949 of 2026 1 - Chhakkelal Sonwani S/o Sakharam Sonwani Aged About 67 Years R/o Ward No. 8, Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). 2 - Sughriv Sahu S/o Lt. Mohan Lal Sahu Aged About 72 Years R/o Ward No. 8, Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). 3 - Natthulal S/o Lt. Ganga Aged About 77 Years R/o Ward No. 8, Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). 4 - Baijnath Rathour S/o Lt. Bholaram Rathour Aged About 78 Years R/o Ward No. 8, Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). 5 - Kartik Ram Rathore S/o Semlal Rathore Aged About 52 Years R/o Ward No. 1, Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). 6 - Rajkumar Tiwari S/o Laxmi Prasad Tiwari Aged About 58 Years R/o Ward No. 9 , Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). 7 - Mohit Kumar Rathore S/o Sudarshan Singh Rathore Aged About 47 Years Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). 8 - Akshay S/o Paharu Aged About 59 Years Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2026.10.03 12:29:28 +0530 2 9 - Devvati Rathore W/o Jeevan Rathore Aged About 61 Years Ward No. - 18, Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). 10 - Pammelal Rathore S/o Dayaram Rathore Aged About 62 Years Ward No. - 1 , Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). 11 - Ashok Kumar S/o Visharjan Das Aged About 60 Years Ward No. - 3, Village - Tendupara, Pendra, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). 12 - Jeevan Singh Rathore S/o Mayaram Rathore Aged About 63 Years Ward No. - 18, Village - Bacharwar, Post - Bacharwar, Tehsil - Pendra, P.S.- Pendra, District - G.P.M. (C.G.). ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works And Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.). 2 - Director Directorate Of Public Works Department, Indravati Bhawan, Nawa Raipur, District - Raipur (C.G.). 3 - Collector G.P.M., District - G.P.M. (C.G.). 4 - Collector Bilaspur, District - Bilaspur (C.G.). 5 - Sub Divisional Officer Public Works Department, Marwahi, District - G.P.M. (C.G.). 6 - Executive Engineer Public Works Department Pendra, District - G.P.M. (C.G.). 7 - Land Acquisition Officer Cum Sub Divisional Officer (Revenue) Pendra- Road, Pendra, District - G.P.M. (C.G.). ... Respondents For Petitioners : Mr. Rohit Sharma, Advocate For Res./State : Ms. Akansha Verma, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/09/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- 3 “10.1 Direct the respondent authorities to produce before this Hon'ble Court the complete record pertaining to the acquisition of the petitioner's land, including the proceedings relating to determination, deposit and disbursement of compensation, and all consequential proceedings undertaken for construction of the Pendra to Bantibahara Road; 10.2 Issue an appropriate writ, order or direction, particularly in the nature of mandamus, directing the respondent authorities to release and pay to the petitioner the entire compensation lawfully payable in respect of the petitioner's land bearing khata No. 38, under respective khasra, situated at Village Pendra, which has been acquired/taken and utilized for the public purpose of construction of the Pendra to Bantibahara Road, together with such interest as may be found payable in accordance with law; 10.3 Direct the respondent authorities to forthwith disburse the compensation amount as determined/assessed by the competent Land Acquisition Authority, along with all statutory benefits and interest accruing thereon, without making the petitioner suffer on account of any inter-departmental or administrative lapse attributable to the respondents; 10.4 In the alternative, and without prejudice to the aforesaid relief, if this Hon'ble Court finds that the acquisition of the petitioner's land has not been lawfully completed in accordance with the applicable statutory procedure, or that the respondents have failed to discharge their corresponding obligation to pay the compensation despite taking/utilizing the petitioner's land, then the respondent authorities may kindly be directed to restore/re-deliver possession of the petitioner's land to him and to refrain from retaining or utilizing the said land, in accordance with law; 10.5 Award the cost of the present petition in favour of the petitioner; and 10.6 Grant such other relief, order or direction as this Hon'ble Court may deem fit and proper in the interest of justice and equity. 4 2. Learned counsel appearing for the petitioner submits that it is undisputed that the petitioner’s land was acquired for the construction of the road from Pendra to Bantibahra. For the purpose of such acquisition, the concerned authorities had recommended payment of compensation to the petitioner in lieu of the acquisition of the aforesaid land. The concerned Land Acquisition Officer, vide order dated 09.12.2002, had also determined and calculated the amount of compensation payable in respect of the acquired land. However, thereafter, neither acquisition proceedings been initiated in accordance with law nor the amount of compensation been paid to the petitioner. In the meantime, the road in question has already been constructed, way back in the year 2017. 3. Per contra, learned State counsel submits that instructions have been received from the authorities concerned, who have categorically stated that, since the land in question has been acquired by the authorities for construction of the road from Pendra to Bantibahra, therefore, there is no dispute with regard to payment of compensation. The only difficulty is that the acquisition proceedings have not yet been concluded. Learned State counsel, on instructions, submits that the acquisition proceedings were initiated on 14.05.2026 and that the authorities concerned shall conclude the same expeditiously and, thereafter, determine and pay the compensation and pass the requisite award in respect of the land belonging to the petitioner. For the said purpose, the authorities have sought six months' time to complete the necessary formalities and do the needful. 5 4. I have heard learned counsel for the parties and perused the material available on record. 5. Having heard the learned counsel for the parties and on perusal of the material available on record, it appears that appropriate acquisition proceedings in respect of the land of the petitioner had already been initiated on 14.05.2006. As such, there is no further dispute with regard to the acquisition and taking over of the land of the petitioner. Accordingly, the concerned authorities are directed to consider and decide the matter in accordance with law by passing a reasoned and speaking order as early as possible preferably within a period of six months from the date of receipt/production of a copy of this order. 6. It is made clear that this Court has not expressed anything on the merits of the case. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ami