1 2026:CGHC:15539 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1484 of 2026 Shankar Lal Sahu S/o Chintaram Sahu Aged About 52 Years Resident Of Village Navin Joratarai, Post Navin Joratarai, Tahsil Kurud, District Dhamtari (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- Public Works Department, Mahanadi Bhawan, Atal Nagar, New Mantralaya, Raipur District Raipur Chhattisgarh 2 - Commissioner Raipur, Division Raipur Chhattisgarh 3 - Collector Dhamtari, District Dhamtari Chhattisgarh 4 - Executive Engineer Public Works Department Dhamtari Division Dhamtari Chhattisgarh 5 - Sub Divisional Officer (Rev) Kurud, District Dhamtari Chhattisgarh 6 - Tahsildar Tahsil Kurud, District Dhamtari Chhattisgarh ... Respondents For Petitioner : Mr. Vinod Kumar Sharma, Advocate For Respondents/State : Dr. Arham Siddiqui, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 06.4.2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- (i) That, this Hon'ble Court may kindly be pleased to consider the representation and to grant adequate compensation in prevailing market rate on account of acquired land of the petitioner with 18% interest from date of acquirement, in the interest of justice. BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.07 10:18:49 +0530 2 (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 2. Learned counsel appearing for the petitioner submits that the petitioner is a recorded owner of land bearing Khasra No.729, area 0.13 hectare situated at village Joratarai, PH No.55, Tahsil Kurud, Distt. Dhamtari. He further submits that 0.026 hectares of aforesaid land has been utilized for construction of road by the Public Works Department. Land of other villagers have also been utilized for the construction of said road without initiating due process of law or without payment of compensation. It is further submitted that in the demarcation report also the revenue authorities have also reported that 0.026 hectare of aforesaid land of the petitioner has been utilized for construction of road. Therefore, the petitioner along with other villages have filed joint representation dated 20.5.2024 (Annexure-P/4) before the Collector, Dhamtari, but the same has not been decided yet. Hence, it is prayed that this petition may be disposed of at this stage, directing respondent No.3-Collector, Dhamtari to decide aforesaid joint representation within the specified period. 3. Learned counsel for the State has no objection if the above prayer of the petitioner is allowed. 4. Heard learned counsel for the parties and perused the material available on record. 5. Though property right is not a fundamental right, but it is still a constitutional right contemplated under Article 300A of the Constitution of India. Therefore, no person shall be deprived of his property without following due process of law and without providing compensation, rehabilitation etc. But in the instant case, grievance of the petitioner as well as the villagers is 3 that their land has been utilized for construction of road without following due process of law and payment of compensation. 6. Having considered the limited prayer of the petitioner, this petition is disposed of at this stage, directing respondent No.3-Collector, Dhamtari to decide the application/representation dated 20.5.2024 (Annexure-P/4) submitted by the petitioner along with other villagers, as early as possible, after getting demarcation of the land. After demarcation, if it is found that the land of the petitioner and other villagers have been utilized for construction of road, then appropriate compensation and other benefits to be given to them in accordance with applicable law. The aforesaid exercise shall be completed within a period of 06 months from the date of receipt of a copy of this order. 7. With aforesaid observation and direction, this petition stands disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini