2024:CGHC:31034 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2072 of 2023

1 - Abdul Haleem Khan S/o Late Abdul Hakim Khan Aged About 70 Years Occupation Cultivator, R/o Akbar Khan Chall, In Front Of Mission Hospital, Bilaspur, Tahsil And District Bilaspur Chhattisgarh ---- Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2 - The Collector And Land Acquisition Officer Bilaspur, District Bilaspur Chhattisgarh

3 - The Sub Divisinal Officer (Revenue) Bilaspur, District Bilaspur Chhattisgarh

4 - The Project Director National Highway Authority Of India, Project Implementation Unit, Bilspur, Abhilasa Parisar, Behind New Hightech Bus Stand, Tifra, Bilaspur District Bilaspur Chhattisgarh ---- Respondents For Petitioner : Ms. Astha Shukla, Advocate For State-Respondents No.1 to 3 : Mr. Keshav Prasad Gupta, G.A. For Respondent No.4 : Mr. Dheeraj Kumar Wankhede, Advocate Digitally signed by (Hon'ble Shri Parth Prateem Sahu, Judge)

BALRAM PRASAD DEWANGAN

Order on Board

Date:

2024.08.20 +0530

1. Petitioner has filed this petition seeking following relief (s) :-

“10.1 That, this Hon’ble Court may kindly be pleased to call the entire records pertaining to case of petitioner.

10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to pay compensation to the petitioner towards acquisition of his land bearing khasra No.278/1 situated at Village – Pendridih, P.H. No.10, R.I.C. & Tahsil – Bilha, District Bilaspur (C.G.) forthwith, with interest @ 18% per annum from the date of taking possession to its actual payment as provided under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 in accordance with law, within stipulated time.

10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

2. Learned counsel for petitioner submits that the land bearing Kh.No.278 possessed by petitioner was acquired by the respondent No.3 for respondent No.4, however, the amount of compensation was not paid. Petitioner made an enquiry and found that the land possessed by him was recorded in the name of State Government. Petitioner, thereafter submitted an application before the Tahsildar for mutation of his name in the revenue records for the land possessed by him and accordingly Tahsildar has passed an order for mutation of name of petitioner over the land measuring 2.08½ acres of Kh. No.278 in name of petitioner and directed the concerned Patwari to correct the revenue records, however, even thereafter, petitioner has not been paid the amount of compensation.

3. Learned State counsel as well as the counsel for respondent No.4 submits that acquisition proceeding was initiated in the year 2017 and award has been passed on 01.06.2018. On the date of initiating the proceedings of land acquisition, land was recorded in the revenue records as government land (as Bade Jhad Ka Jungle), therefore, petitioner is not entitled for any amount of compensation.

4. Learned counsel for respondent No.4 also raised objection with regard to maintainability of writ petition and would submit that from perusal of the award (Annexure P-4) would show that it has been passed under the National Highways Act, 1956, therefore, petitioner is having efficacious alternate remedy under the National Highway Act, 1956 by filing appropriate application before appropriate authority.

5. I have heard the learned counsel for parties and also perused the documents placed on record.

6. Annexure P-4 is the award dated 01.06.2018, which is passed under National Highway Act, 1956. The document which is placed on record along with reply filed on behalf of respondents No.1 to 3 mentioned that the land bearing Kh. No.278 is recorded in the name of State Government as (Ba