Nafr High Court
Case Details
1 2025:CGHC:36761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.30 15:45:30 +0530 WPC No. 3131 of 2025 1 - Ganpat Prasad S/o Late Dheersay Aged About 42 Years Caste- Rajwar, Profession Agriculture, R/o Village- Kharwat (Mahuapara), Police Station Charcha, Tehsil - Baikunthpur, District- Koriya (C.G.) 2 - Shakun Bai D/o Late Dheersay Aged About 46 Years Caste- Rajwar, Profession Agriculture, R/o Village- Jampara, Police Station And Tehsil - Baikunthpur, District- Koriya (C.G.) 3 - Kunti D/o Late Dheersay Aged About 49 Years Caste- Rajwar, Profession Agriculture, R/o Village- Nagar, Police Station Charcha, Tehsil - Baikunthpur, District- Koriya (C.G.) 4 - Tara Bai Wd/o Late Kamal Say Aged About 39 Years Caste- Rajwar, Profession Agriculture, R/o Village- Kharwat (Mahuapara), Police Station Charcha, Tehsil - Baikunthpur, District- Koriya (C.G.) 5 - Vikas S/o Late Kamal Say Aged About 23 Years Caste- Rajwar, Profession Agriculture, R/o Village- Kharwat (Mahuapara), Police Station Charcha, Tehsil - Baikunthpur, District- Koriya (C.G.) 6 - Arati D/o Late Kamal Say Aged About 27 Years Caste- Rajwar, Profession Agriculture, R/o Village- Tilaibandh, Police Station And Tehsil - Sonhat, District- Koriya (C.G.) 7 - Santoshi D/o Late Kamal Say Aged About 29 Years Caste- Rajwar, Profession Agriculture, R/o Village- Salganwa, Police Station And Tehsil - Sonhat, District- Koriya (C.G.) ... Petitioners versus 2 1 - State Of Chhattisgarh Through The Secretary, Department Of Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur, Distt.- Raipur (C.G.) 2 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, New Raipur, Distt.- Raipur (C.G.) 3 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, New Raipur, Distt.- Raipur (C.G.) 4 - The Collector District- Koriya At Baikunthpur (C.G.) 5 - The Sub-Divisional Officer Cum Land Acquisition Officer Baikunthpur, District- Koriya (C.G.) 6 - Regional Officer Ro- Raipur National Highway Authority Of India, Plot No. - I/21 Anupam Nagar, Tv Tower Road, Raipur-492006, Chhattisgarh. 7 - The Project Director National Highway Authority Of India, Vip Estate Shankar Nagar, Raipur, District- Raipur (C.G.) 8 - Paraslal S/o Ammersay Aged About 37 Years R/o Cherwapara, Tehsil - Baikunthpur, District- Koriya (C.G.) 9 - Kaushilya W/o Ameersay Aged About 61 Years R/o Cherwapara, Tehsil - Baikunthpur, District- Koriya (C.G.) ... Respondents For Petitioner
Legal Reasoning
:Mr. Hemant Kumar Agrawal, Advocate For : Mr. Anurag Tripathi, panel lawyer State/respondents Hon’ble Shri Justice Arvind Kumar Verma Order on Board 29.07.2025 1. By way of this petition, the petitioner is seeking for the following reliefs:- “a. This Hon'ble Court may kindly be pleased to call all the records of the acquired land. b.This Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the respondent no. 1 to 7, they 3 give 50% of the appropriate compensation amounts about the acquired land, Khasra No. 949 (new no. 949/1), area of 0.300 hectares, situated at Village Cherwapara, Tahsil Baikunthpur District Korea (C.G.) to the Petitioners in the interest of justic, OR c.This Hon'ble Court may kindly be pleased to direct the Respondent Authority they decide representation of the petitioner dated 23.07.2024 within stipulated periods. d.This Hon'ble Court may kindly be pleased to direct the Respondent Authority no. 1 to 7, as per the notification dated 04.02.2022 of respondent no. 3, that the award be given with 18% interest of the acquired aforementioned land of the petitioners, from the land acquired year 2014- 15 in the interest of justice. e.That, the Hon'ble High Court kindly take punitive action against the erring officer(s) who have not taken steps in this regard for almost last 10 years. f.This Hon'ble Court may further be pleased to pass an appropriate order or issue a writ as deemed fit under the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that under the scheme of National Highway Development Corridor National highway No. 78 (New national highway no. 43) Km 255 to 331 the land which Khasra No. 949 (new no. 949/1) area 0.300 Hectare situated Village Cherwapara, Tehsil Baikunthpur, District Koriya was acquired by the Competent Authority. In the year 2014-15, the acquired land has been recorded in the Revenue record in the name of the petitioners, and Respondent no. 8 to 9. The petitioners, and Respondent no. 8, 9 are legal heirs of Late Buddhu Ram, therefore they are entitled 50%-50% of the compensation amounts of the acquired lands. In the year 2014-15 the Respondent no. 1 to 7 entered in the private land of petitioners, and Respondent no. 8, 9 for widening of the National Highway, under the scheme of National Highway Development Corridor, National highway No. 78 (New national highway no. 43). 3. He further submits that the petitioners had submitted an application before Respondent no. 5 for providing 50% compression amount of the acquired land Khasra No. 949, area 0.300 hectare situated Cherwapara, Tehsil Baikunthpur, District Koriya (C.G.) on 23.07.2024, but Respondent no. 1 to 7 are not 4 working properly, and negligently manner kept the application of the petitioner due to their hidden agenda. That, the petitioners had been approaching Respondent no. 1 to 7 for a suitable compensation in lieu of the land which has been taken over by respondent no. 1 to 7 for widening of National Highway, but there was no positive response shown by any of the respondents in this regard. 4. Learned counsel for the State raised no objection, if direction of timely decision of the representation made by the petitioner be made by this Court. 5. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection. 6. Bare perusal of the record available, reveals that the petitioners have filed an application for partition before the Court of Tehsildar, Baikunthpur, upon which the Halka Patwari informed that a National Highway has been constructed on their land bearing Khasra No. 949 (949/1) area 0.300 hectare situated in village Chervapara Tehsil Baikunthpur District Koriya, Chhattisgarh. After construction of the National Highway their land has been mentioned in the Fard Partition List by the Halka Patwari due to which it is not possible to divide the said land without investigation. Thereafter, the petitioners have made representation/application to the Respondent no. 5/ The Sub- Divisional Officer cum Land Acquisition Officer, Baikunthpur, District- Koriya, Chhattisgarh (Annexure P/1) with regard to the compensation amount after the acquirement of their land bearing Khasra No. 949 (949/1) area 0.300 hectare situated in village Chervapara Tehsil- Baikunthpur District Koriya, Chhattisgarh, however, till date no reply or decision has been taken by respondent no. 5, due to which the petitioners are suffering financial crisis. 7. Therefore, looking to the facts and circumstances of the case, submission made by the respective parties and particularly to the 5 fact that the representation with regard to the compensation amount is pending since 23/07/2024, this Court directs Respondent no. 5/SDO cum Land Acquisition Officer, Baikunthpur, District Koriya, Chhattisgarh to decide the representation of the petitioners within six months from the date of receipt of copy of this order. 8. With the aforesaid direction, the instant petition stands disposed of. sd/- alfiza (Arvind Kumar Verma) JUDGE