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2026:CGHC:14766

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 1390 of 2026 Brij Lal S/o Sonsaay Aged About 82 Years R/o Village Charpara Tehsil

Malkharouda, District Sakti (C.G.)

... Petitioner versus

1 - State Of Chhattisgarh Through- Its Secretary, Department Of Revenue And Disaster Management, Mantralaya, Capital Complex, Mahanadi Bhawan, Atal

Nagar, Raipur, District Raipur (C.G.)

2 - Collector Office Of The Collector, District Sakti (C.G.)

3 - The Sub-Divisional Officer Land Acquisition Officer, Sub Division Malkharouda, District Sakti (C.G.)

4 - Tahsildar Office Of The Tahsildar, Malkharouda, District Sakti (C.G.)

5 - Halka Patwari No. 25 Inspector Of Revenue Division/Tahsil Malkharouda, Office Of The Tahsildar, Malkharouda, District Sakti (C.G.)

6 - The Executive Engineer Public Works Department (Pwd), District Sakti, Chhattisgarh

7 - C.G. State Road Development Authority Project Manager (A.D.B. Project) Public Works Department, District Bilaspur, (C.G.)

... Respondents {Cause title, as taken from CIS}

For Petitioners : Mr. Preetam Kumar Khunte, Advocates For Respondent(s)/ State : Mr. Sabyasachi Choubey, Govt. Advocate.

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order on Board

30/03/2026

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 issue a suitable writ, order directing the respondent authorities to grant benefit of the compensation of the

acquired land of the petitioner.

10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent No. 2 to disburse the compensation amount of ₹ 5,37,600/- to the Petitioner in respect of land bearing Khasra No. 271/2, total area 0.053 hectare, situated at Village Charpara, Patwari Halka No. 25, Tahsil Malkharouda, District Sakti (C.G.), with interest of 9% per annum from the date of taking possession till expiry of one year; and Interest of 15% per annum thereafter till actual payment of the entire

compensation amount.

10.3 Any other relief which this Hon’ble Court deems fit and proper may also be passed in faovour of the

petitioner together with cost of the petition.

2. Learned counsel for the petitioner submits that the petitioner is resident of Village Charpara, Tahsil Malkharouda, Distt. Sakti (CG) and his land has been acquired for the purpose of construction of Jaijaipur- Malkharouda-Gobarbhata road and the same has been constructed under Chhattisgarh State Road Development Project (ADB Project). The land has been acquired under Mutual Consent Purchasing Policy, 2016, but no compensation/ other benefits has been given to the petitioner. He further submits that the petitioner has filed representation on 30.09.2024 (Annexure

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P-5) before respondent No.2, but the same has not been decided yet, therefore, it is prayed that this petition may be disposed of directing respondent No.2 to decide the representation of the petitioner within the

period specified by this Court.

3. Learned counsel for the State has no objection in allowing the limited

prayer of the petitioners.

4. As per the petitioner, his land has been utilized for construction of road, but no compensation has been given, which is against Article 300 A of the Constitution of India, as no person can be deprived from his property without following due process of law and acquisition proceedings can be completed after giving compensation to the affected villagers, which has not been done in the instant case. Therefore, having considered the limited prayer of the petitioners, this petition is disposed of directing respondent No.2/Collector, District Sakti (CG) to decide the representation of the petitioners (Annexure- P-5), within 45 days from the date of receipt/ submission of a copy of this

order.

5. With aforesaid observation and direction, this petition stands disposed

of.

Sd/-

(Naresh Kumar Chandravanshi)

Judge A K D M U U M B IT E A Y R DbK D2101 yU i a