Jhaduram v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1769 of 2021 Jhaduram S/o Mansingh Aged About 92 Years R/o Villge Parsada Tahsil Jaijaipur, District Janjgir Champa Chhattisgarh. ---- Petitioner
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 Acquisition Officer Sakti District Janjgir Champa Chhattisgarh.
4. Executive Engineer Public Work Department Champa Division, Champa District Janjgir Champa Chhattisgarh. ---- Respondents For Petitioner :
Shri Surfaraj Khan, Advocate For Respondents/State :
Shri Akash Pandey, PL.
Hon'ble Shri Justice Goutam Bhaduri Order 25/03/20
1. Learned counsel for the petitioner submits that the petitioner is land holder at village Parsada. He is the owner of the land bearing Khasra No.920 admeasuring 0.11 acres at village Parsada, Tahsil Jaijaipur, District JanjgirChampa. 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 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 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 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/- SDSd (Goutam Bhaduri) Judge gouri