Dashrath Bhagat v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2449 of 2021 Dashrath Bhagat S/o Kalindar Bhagat Aged About 35 Years Resident of Village Post Farsabahar, Tahsil Thana Farsabahar, 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) Farsabahar, District Jashpur Chhattisgarh.
4. The Executive Engineer Public Works Division, Jashpur, District Jashpur Chhattisgarh. --- Respondents For petitioner - Shri Manoj Chauhan, Advocate. For State - Shri Gagan Tiwari, Dy. Govt. Advocate with Mr. P. Acharya, PL. Hon'ble Shri Justice Goutam Bhaduri Order 22-06-2021 Heard.
1. Learned counsel for the petitioner submits that the petitioner is land holder at village Bansbahar. It is stated that he is the owner of the land bearing Khasra No.47/3, P.H.No. 18 R.I. Circle Farsabahar Tahsil Farsabahar, 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 submits that the land of the petitioner is 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 is contended that for widening / construction of the road in between Bandarchuvan-Farsabahar, 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 Rao