When the State utilizes private land for public purposes like road widening without formal acquisition and the extent of land is disputed, the court directs a factual demarcation to determine the area used and subsequent compensation according to law.

Order on Board

1. The petitioner has filed this writ petition seeking following reliefs :

“10.1. That, the Hon'ble High Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for its kind perusal.

10.2. That, the Hon'ble High Court may kindly be pleased to direct the respondent authorities to provide the compensation to the petitioners under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.

10.3 That, the Hon'ble High Court may kindly be pleased to stay the construction of road over the petitioners land without providing them compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.

10.4 That, any other relief, this Hon'ble Court deem fit and proper may also be granted to the petitioner, in the interest of justice.”

2. Facts of the case, as projected in the petition, are that the petitioner is a farmer and recorded owner of land bearing Khasra No. 285/3 situated at revenue village Sukalipali, where he has also constructed his residential house and is residing therein. An existing road, namely the Sakarra–Bhothiya road, connects several villages including Sonadula, Katari, Sukalipali, Suloni, Dongiya and Chikhalrauda. In view of increasing traffic and upon demand of local residents, the State authorities undertook the work of widening the said road. During the course of such widening, a portion of the petitioner’s land was utilized by the authorities. However, no acquisition proceedings were initiated in accordance with law. Aggrieved by the same, the petitioner, along with other affected villagers, submitted representations dated 21.11.2016 before the Sub-Divisional Officer (Revenue), Sakti, and thereafter on 22.11.2016 before the Collector, Janjgir-Champa, seeking grant of compensation for the land so utilized. Despite repeated representations and personal approaches to the concerned authorities, no compensation has been paid.

Meanwhile, the respondent authorities proceeded with and commenced construction activities over the petitioner’s land without following due process under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. Learned counsel for the petitioner submits that the action of the respondent authorities in utilizing the petitioner’s land without acquisition and without payment of compensation is arbitrary, illegal and in gross violation of the petitioner’s constitutional and statutory rights. It is contended that the petitioner is legally entitled to fair compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is further submitted that the work of widening of the road has already been started; however, even after commencement of the work, the petitioner has not been granted a single penny towards compensation. The authorities have thus acted in a high-handed manner by forcibly entering upon and using the petitioner’s land without adhering to the due procedure established by law.

4. Learned State counsel opposes the submissions made on behalf of the petitioner and submits that the construction of the road has been undertaken for public purpose in accordance with administrative approval. It is contended that the claim of the petitioner regarding non-payment of compensation is a disputed question of fact, and the petitioner has an efficacious alternative remedy to approach the competent authority for redressal of his grievance. It is further submitted that appropriate action, if