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2026 DAILYLAW 960 (CHH)

SAGHANU v. STATE OF CHHATTISGARH

WPC/1126/2026 · 2026-03-15

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:12517 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1126 of 2026 1 - Saghanu S/o Shri Somra Aged About 52 Years R/o Village Jigdi, Tahsil Rajpur District Balrampur - Ramanujganj, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development Mahanadi Bhawan Naya Raipur, District : Raipur, Chhattisgarh 2 - Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan Naya Raipur District Raipur Chhattisgarh 3 - Secretary Department Of Public Works Department Mahanadi Bhawan Naya Raipur District Raipur Chhattisgarh 4 - Superintendent Engineer Pradhan Mantri Sadak Yojana, Vikas Bhawan Raipur District Raipur Chhattisgarh 5 - Collector District Balrampur - Ramanujganj, Chhattisgarh 6 - Chief Executive Officer Zila Panchayat District Balrampur - Ramanujganj, Chhattisgarh 7 - Sub Divisional Officer (R) Cum Land Acquisition Officer Rajpur District Balrampur - Ramanujganj, Chhattisgarh 8 - Executive Engineer - Cum Member Secretary Project Implementation Unit Chhattisgarh Rural Road Development Agency (Cgrrda) Rajpur District Balrampur - Ramanujganj, Chhattisgarh ... Respondents 2 For Petitioner : Mr. Jeet Ram Patel, Advocate. For Respondents : Mr. Anand Dadariya, Dy. Advocate General. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 16/03/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :- “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to give compensation to the petitioner in lieu of his affected land bearing Khasra No. 162/1 (earlier mentioned as 162) area 0.7950 Hectare, situated at village Basen, R.N.M. Jhingo, P.H.N. 08, Tahsil Rajpur, District Balrampur-Ramanujganj, (C.G.) for construction of road under the Pradhan Mantri Gram Sadak Yojna, within stipulated period, with interest. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondents authority to give the land in exchange to the petitioner in lieu of his affected land which has been used for construction of road under the Pradhan Mantri Gram Sadak Yojna, within stipulated period, in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondents authority to consider and decide the petitioner’s application (Annexure-P-4), within stipulated time, in the interest of justice. 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief/relief’s in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs of the petitioner. 2. Learned counsel appearing for the petitioner submits that the petitioner is registered owner of agricultural land bearing Khasra No. 162/1 (earlier mentioned as 162), area 0.7950 hectare ssituated at village Basen, R.N.M. Jhingo, P.H.N. 08, Tahsil Rajpur, District Balrampur-Ramanujganj, (C.G.). He further submits that without acquiring the land and without following due process of law, the respondents 3 are constructing the road on the aforesaid land of the petitioner under the Pradhan Mantri Gram Sadak Yojna. He further submits that the the petitioner has filed representation (Annexure P-4) before respondent No. 5- Collector, District Balrampur-Ramanujganj (C.G) for providing him land in exchange, but the same has not been decided yet, therefore, learned counsel submits that, at this stage, this petition may be disposed of directing respondent No. 5 to decide his representation (Annexure P-4) within stipulated period. 3. Learned counsel for the State has no objection to allow the limited prayer made by petitioner’s counsel. 4. Heard learned counsel for the parties and perused the material available on record. 5. Though right to property is not a fundamental right, but it is still exists as constitutional right under Article 300 A of the Constitution of India, therefore, no body can be deprived of the property without following due process of law and without paying compensation / rehabilitation etc. 6. Having considered the limited prayer made by counsel for the petitioner, at this stage, this petition is disposed of directing respondent No. 5- Collector, Balrampur-Ramanujganj to decide his representation (Annexure P-4) dated 10.03.2026 expeditiously preferably within a period of 30 days from the date of receipt/submission of copy of this order. 7. With the aforesaid observations and directions, this writ petition is disposed of. No cost (s) 8. Pending interlocutory application, if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.03.17 18:30:00 +0530 4