Jholpholhem Tirkey v. State Of Chhattisgarh,

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1210 of 2021 Jholpholhem Tirkey, D/o. Silas Tirkey Aged About 52 Years R/o Village - Bansbahar, Post - Chongribahar, Tahsil - Kansabel, District - Jashpur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through the Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Chhattisgarh.

2. The Collector, District- Jashpur, Chhattisgarh.

3. The Sub-Divisional Officer (Revenue) Bagicha, District- Jashpur, Chhattisgarh.

4. The Executive Engineer, Public Words Division, Jashpur, DistrictJashpur, Chhattisgarh. ---- Respondents For Petitioner :

Shri Shishir Dixit, Advocate For State :

Shri Akash Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 02.03.2021 Heard

1. Learned counsel for the petitioner submits that the petitioner is land holder at village Bansbahar. He is the owner of the land bearing Khasra No. 306, R.I. Circle Kansabel, Tahsil Bagicha, District Jashpur. He would submit that the State Highway is being constructed and widening of road is being done on the route Bandarchuvan - Farsabahar. He would submit though the land of the petitioner is being acquired by force, neither the 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 petitioner is being acquired for widening / construction of the road in between BandarchuvanFarsabahar. 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 petitioner, the respondent No.2, 3 & 4 are directed to demarcate the land of the petitioner 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 Aks