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2025 Supreme(Online)(CHH) 1483
2025:CGHC:9525 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1068 of 2025
1 - Vijay Prakash Vikaram S/o Eshadan Vikaram Aged About 74 Years R/o Gram- Talam, Fasterpur, District- Mungeli (C.G.)
... Petitioner versus
1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Raipur, District- Raipur (C.G.)
2 – Collector, Mungeli District- Mungeli (C.G.)
3 - Sub Divisional Officer (Revenue) Cum- Competent Authority National Highway No. 130 A, Fasterpur, District- Mungeli (C.G.)
4 - National Highway Authority Of India Through Chief Engineer, Public Works Department, National Road Area, Raipur, District- Raipur (C.G.)
... Respondents (Cause title is taken from Case Information System)
For Petitioner : Dr. Arpit Lall, Advocate For Respondents/State : Mr. Ritesh Giri, Panel Lawyer For Respondent No.4/ NHAI : Mr. R. K. Mishra, DSGI (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board
25/02/2025
1. By the present writ petition, the petitioner who is the owner of land bearing Khasra No. 68/5 situated at Village Talam, District Mungeli, is seeking a direction towards the respondent authorities for payment of compensation with respect to some part of the land of the petitioner which has been utilized for construction of National Highway Fasterpur to Pandariya and State Highway Fasterpur to Kunda Road, however no compensation has been paid to the petitioner till date and no acquisition of the land has been made.
2. Learned counsel appearing for the petitioner submits that near about
41 dismil of the land of the petitioner has been used for construction of national highway as well as state highway, whereas no payment of compensation has been made to the petitioner, in lieu of the same. The petitioner submitted several representations to the authority concerned including the SDO (Revenue), Mungeli but till date, no steps has been taken for acquisition of land of the petitioner in spite of the fact that the land of the petitioner has been utilized for construction of road.
3. Learned counsel appearing for the State as well as the counsel for the NHAI submit that though the petitioner submitted representations to the respondent authorities but the acquisition proceeding can only be initiated by the competent authority after due verification of the fact that the land of the petitioner has been utilized for construction of road or not.
4. I have heard learned counsel for the parties, perused the documents as well as the pleadings made by the petitioner.
5. As per the contention made by learned counsel for the petitioner and the representation submitted by the petitioner, it appears that 20 dismil of his land has been utilized for construction of national highway Fasterpur to Pandariya and 21 dismil of land has been utilized for construction of state highway Fasterpur to Kunda Road.
6. From perusal of the pleadings made by the petitioner, it appears that the land of the petitioner has been utilized for construction of aforesaid roads without acquisition of land owned by him.
7. In view of the above, the respondent No.2/ Collector, Mungeli is directed to verify the claim raised by the petitioner by making a spot inspection and demarcation of the land in question in presence of the Officer of State authority as well as the NHAI and if it is found that the land of the petitioner has been utilized for construction of the said road, the respective respondents shall proceed further and take necessary steps for acquisition of the said land within a period of 50 days from the date of receipt of a copy of this order, in accordance with law.
8. The petitioner is at liberty to apprise the concerned authorities with regard to the order passed by this Court by producing the same before it.
9. With the aforesaid observation and direction, this writ petition is disposed of.
