Santosh Agrawal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 869 of 2019 Santosh Agrawal S/o Shri Badri Prasad Agrawal Aged About 42 Years R/o Sarkanda, Police Station Sarkanda, Disrtict- Bilaspur, Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Revenue and District Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh.

2. The Collector-Cum-Land Acquisition Bilaspur, District- Bilaspur, Chhattisgarh.

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

4. The National Highway Authority of India through Its Competent Authority, Abhilasha Parisar, Housing Board Colony, Behind New High-Tech, Bus Stand, Tifra, Bilaspur, District : Bilaspur, Chhattisgarh --- Respondents 13.05.2019 Mr. Goutam Khetrapal, counsel for the petitioner. Mr. Sudeep Verma, Dy. Govt. Advocate, for the State. The present petition has been filed for the reason that respondent No.4/The National Highway Authority has acquired the petitioners land of Kh.No.714/1 ad-measuring 14692 sqft for construction of Highway No.111 This Court by order dated 11.03.2019 directed the respondents to carry out demarcation of the petitioner's land to ascertain as to what exact area of the petitioner has been used for construction of National Highway.

The return has been filed on behalf of the State wherein they have stated that after the orders were passed by this Court, the respondents have constituted a team comprising of 2 revenue inspectors and 2 Halka Patwaris for the purpose of demarcation of land. Subsequently it is

stated that after demarcation, in the presence of the petitioner, Panchnama was prepared and it was found that the area of 704 square meters is affected by construction of road, therefore, it is decided that further land acquisition proceedings would be initiated for the remaining land which was affected.

The Panchnama is also filed as Annexure P-1. The issue/grievance for which the petition was filed is redressed in view of the submission made by the State that for the additional land which was affected, compensation has not been paid for which the acquisition proceedings would be initiated.

It is further directed that the process of acquisition of land would be carried out within a period of six months from the date of presentation of the order.

With such observation/direction, this writ petition stands finally disposed off.

Sd/- GOUTAM BHADURI JUDGE R a o