Belhem Tirkey v. State Of Chhattisgarh,
HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1282 of 2021 • Belhem Tirkey S/o Late Mansit Tirkey Aged About 55 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 Works Division, Jashpur, District - Jashpur Chhattisgarh ---- Respondents For Petitioner :
Mr. Manoj Chauhan, Advocate For State :
Ms. Shreya Mishra, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 04.03.2021 Heard
1. Learned counsel for the petitioner submits that the petitioner is land holder at village Bansbahar. He is the owner of the lands bearing Khasra Nos. 330/4, 330/6, 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 Vishakha