2026:CGHC:19460 Digitally signed YOGESH by YOGESH TIWARI NAFR TIWARI Date: 2026.04.28

10:23:36 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 313 of 2023

1 - Krishna Kumar Jaiswal S/o Late Kunjram Jaiswal Aged About 62 Years R/o Near Madwarani Temple, Village Madwarani, Tehsil Kartala, District : Korba, Chhattisgarh

2 - Narayan Prasad S/o Lt. I.P. Jaiswal Aged About 45 Years R/o Near Madwarani Temple, Village Madwarani, Tehsil Kartala, District : Korba, Chhattisgarh

3 - Pramod Jaiswal S/o K.K. Jaiswal Aged About 35 Years R/o Near Madwarani Temple, Village Madwarani, Tehsil Kartala, District : Korba, Chhattisgarh

4 - Pawan Jaiswal S/o K.K. Jaiswal Aged About 34 Years R/o Near Madwarani Temple, Village Madwarani, Tehsil Kartala, District : Korba, Chhattisgarh ... Petitioners versus

1 - National Highway Authority Of India Through Chairperson, G 5 And

6, Dabri, Gurgaon Rd. Sector 10, Dwarka, Dwarka, Delhi.

2 - State Of Chhattisgarh Through Secretary Department Of Land Acquisition, Mahanadi Bhavan, Naya Raipur, Raipur (C.G.)

3 - Collector Korba, District : Korba, Chhattisgarh

4 - Sub Divisional Officer (Land Acquisition Officer) Korba, District :

Korba, Chhattisgarh

5 - Superintendent Of Police Korba, District : Korba, Chhattisgarh

6 - S.H.O. Police Station Urga, Kotwali, Korba, District : Korba, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

27.04.2026

1 By filing the present petition, the petitioners have challenged the arbitrary and illegal action of the respondents in demolishing, without following any process of land acquisition or due procedure of law, his duly constructed residential house and boundary wall situated in Khasra No. 429/2, Rakba 0.51 acre, and in simultaneously proceeding with widening of the road as a National Highway. The petitioners have prayed for following relief(s) :-

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

10.2 That, this Hon'ble Court may kindly be pleased to allow the writ petition and direct the respondent till proper notification according to the rule for land acquisition relating to land bearing kharsa no. 101/4, 102, 104/2 and 429/2 stop the work for widening of the road (Korba to Champa Main road).

10.3 That, the respondent may kindly be directed first to calculate the compensation amount to the petitioner on the commercial rate dully accessing the compensation for acquiring the land of the petitioner and suitably punish the respondent for their illegal act of demolition of the constructed house of the petitioner and also provide the damages for demolition of duly constructed house of the petitioner.

10.4 Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.”

2 Learned counsel for the petitioners submits that petitioner No. 2 is the recorded owner of Khasra No. 429/2, which was purchased in the year 2003 through a registered sale deed dated 14.11.2003 (Annexure P/1), and in the said land a duly constructed residential house and boundary wall existed, wherein all basic amenities for livelihood were available. The relevant revenue records have also been placed on record as Annexure P/2.

3 It is further submitted that Khasra Nos. 101/4, 102 and 104/2 belong to petitioner Nos. 3 and 4, and as early as in the year 2018, the concerned Patwari of the revenue circle had informed the land acquisition authority regarding the proposed acquisition for widening of the road forming part of National Highway (Korba– Champa), however, no formal acquisition proceedings were ever initiated in respect of the said lands, as reflected from the Patwari report dated 26.09.2018 (Annexure P/3) and subsequent spot inspection/panchnama dated 26.11.2020 (Annexure P/4).

4 It is further contended that despite repeated representation dated

09.10.2020 (Annexure P/5) requesting initiation of land acquisition proceedings