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2026:CGHC:6506

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CONT No. 1807 of 2025

1 - Gangotri Kashyap W/o Daras Ram Kashyap Aged About 67 Years R/o 139,

Bajrang, Para, Jarhagaon, Tahsil And District Mungeli Chhattisgarh.

... Petitioner

Versus

1 - Shri Kamalpreet Working As Secretary, Public Works Department, Mahanadi

Bhavan, Mantralaya, Nawa Raipur, District Raipur Chhattisgarh.

2 - M.L. Uraon, Engineer In Chief, National Highway, Near Kali Mandir, Via

Governor House Road, Raipur Chhattisgarh.

3 - Mr. Kundan Kumar (I.A.S.) Collector, Mungeli, District Mungeli C.G.

4 - Ajay Shatranj, Sub Divisional Officer (R). Mungeli, District Mungeli C.G.

5 - Shri R.K. Khambra, Executive Engineer National Highway Division Bilaspur,

District Bilaspur C.G.

... Respondents

For Petitioner : Mr. Sushobhit Singh, Advocate

For Respondent No. 4 : Mr. Jitendra Shrivastava, Advocate

For Respondent No. 5 : Mr. Tushar Dhar Diwan, Advocate

SB: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

05/02/2026

1. This Contempt Petition has been filed by the petitioner under Section 12

of the Contempt of Courts Act, r/w. Article 215 of Constitution of India

alleging willful disobedience of the order dated 16.04.2025 passed by this

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Court in WP (C) No. 1179/2022.

2. Learned counsel for the petitioner submits that by the order subject matter

of contempt, the Court has directed the respondent authorities therein to

conduct demarcation proceedings and thereafter, if found that the land of

the petitioner is used for construction of road, then appropriate

proceeding is to be initiated for acquisition and to be completed within

reasonable period of time. He submits that that though demarcation was

conducted, however, no proceedings for acquisition of land of the

petitioner has been initiated and therefore, the respondents have

committed contempt of the order dated 14.04.2025 passed in WP (C) No.

1179/2022.

3. Learned counsel for the Respondent No. 3 & 4 would submit that they are

the revenue officials and according to the directions of this Court, they

have conducted demarcation of the land subject matter of writ petition

bearing Khasra No. 724/1 admeasuring 0.012 acres. He further submits

that upon demarcation of the said land, land of the petitioner was not

found to be affected by the road constructed.

4. Learned counsel for the Respondents No. 1, 2 & 5 also submits that the

demarcation was conducted by the Revenue Officials of the State

Government and according to the demarcation report, land of the

petitioner was not found to be affected and therefore, there was no

occasion for the respondents to initiate further proceedings of acquisition

of land owned by the petitioner.

5. I have heard learned counsel for the petitioner and also perused the

documents placed on record.

6. Before proceeding further, I find it appropriate to extract the operating

portion of the order subject matter of contempt which is as under: -

“7. Under these circumstances, I do not find any

reason to keep these petitions pending, therefore it is

directed that the respondent authorities shall

demarcate the ownership of land of the petitioner

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and if the Highway passes through the land of the

petitioner, then in such case the appropriate

proceeding for land acquisition shall be initiated and

completed within a reasonable time. If the petitioner's

land is sought to be acquired, then the adequate

compensation should also be calculated and paid to

the petitioner as per the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013. The petitioner shall not

be forcefully dispossessed without ascertaining the

aforesaid facts.”

Perusal of the order extracted above would show that before proceeding

further, direction was issued to respondent to conduct demarcation of the

land owned by the petitioner and further observed that if highway (road)

passes through the land of the petitioner then, in such case, appropriate

proceedings for land acquisition shall be initiated. Demarcation report and