1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 1759 of 2021

1. Khemlal S/o Daduram Aged About 37 Years

2. Butairam S/o Bhagwani Aged About 52 Years

3. Shobharam S/o Mahettar Aged About 48 Years

All R/o Village Amoda Tahsil Jaijaipur District Janjgir Champa Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary Department Of Revenue

Mahanadi Bhawan Raipur District Raipur Chhattisgarh.

2. Collector Of District Janjgir Champa Chhattisgarh

3. Sub-Divisional Officer Cum Land Aquisition Officer Sakti District Janjgir

Champa Chhattisgarh

4. Executive Engineer Public Work Department Champa Division, Champa

District Janjgir Champa Chhattisgarh. ---- Respondents

For Petitioners

:

Shri Surfaraj Khan, Advocate

For Respondents/State

:

Ms. Sunita Jain, GA

Hon'ble Shri Justice Goutam Bhaduri

Order

25/03/20

21

1. Learned counsel for the petitioners submits that the petitioners are land

holder at village Amoda. Petitioner No.1 is the owner of the land bearing

Khasra No.818/1 admeasuring 0.12 acres, Petitioner No.2 is the owner of

the land bearing Khasra No.843, 844 admeasuring 0.28 acres and Petitioner

No.3 is the owner of the land bearing Khasra No.114/2 admeasuring 0.60

acres at village Amoda, Tahsil Jaijaipur, District Janjgir-Champa. He would

submit that the State Highway is being constructed and widening of road is

being done on the route Basantpur to Ghoghari. He would submit though

the land of the petitioners are being acquired by force, neither the

2

compensation is paid nor any proceeding for compensation is drawn.

Therefore, the respondent authorities may be directed to acquire the land in

accordance with law.

2. It has been contended that the land of the petitioners are being acquired for

widening / construction of the road in between Basantpur to Ghoghari, if the

land is acquired without any lawful acquisition it will offend to Article 300A of

the Constitution. In view of this, considering the limited prayer of the

petitioners, the respondent No.2, 3 & 4 are directed to demarcate the land of

the petitioners and if it is found that the said land falls within the ambit of the

affected area of construction of road then in such case the proceeding for

acquisition of the land be made in accordance with law and thereafter the

adequate compensation be paid to the affected person. The said process be

completed within the outer limit of six months.

3. With the aforesaid observation, the petition stands disposed off.Sd/-

(Goutam Bhaduri)

Judge

SdSD SD

gouri