Rajesh Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.869 of 2016 Rajesh Gupta S/o Dr. B.V. Gupta, Aged About 36 Years R/o C-19, Sector-2, Devendar Nagar, Raipur, Police Station Ganj, Tahsil And District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur, (Chhattisgarh)

2. Collector, Raipur, District Raipur, (Chhattisgarh)

3. Tahsildar, Arang, District Raipur, (Chhattisgarh)

4. Sub Divisional Officer Cum Land Acquisition Officer, Arang Abhanpur, District Raipur, (Chhattisgarh)

5. Project Director, National Highway Authority Of India, Shankar Nagar, Raipur, District Raipur, (Chhattisgarh) ---- Respondent For Petitioner :

Shri Sushobhit Singh, Advocate For Respondent No.1 to 4 :

Shri Ramakant Mishra, Dy.Ag.

For Respondent No.5 :

Ms. Smita Jha, Advocate, on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/04/2016 Heard.

2.

Grievance of the petitioner as set out in the petition is that the respondent No.5 proceeded to construct national highway and in that process, though the land of the petitioner was not acquired under the acquisition proceedings under the provisions of the National Highway Act, his land has actually been used for laying roads. 3.

Attention of this Court is drawn to the various communications made by the Sub Divisional Officer/Land Acquisition Officer highlighting the actual use of the land of the petitioner in construction of national highway to the respondent No.5 for initiating acquisition proceedings for acquiring petitioner's land and payment of appropriate compensation in accordance with law, but without any result.

4.

Learned counsel for respondent No.5 submits that on the communication made by the Land Acquisition Officer, the respondent No.5 shall take expeditious steps towards acquisition of land and payment of compensation to the petitioner within a reasonable time.

5.

In view of the aforesaid submission made, at this stage, this petition is disposed off with a direction to respondent No.5 to proceed in the matter on the basis of order dated 24-02-2015 (Annexure P-4) and subsequent communications dated 30-04-2015 (Annexure P-5) & 06-10-2015 (Annexure P-6) as early as possible. Sd/- Manindra Mohan Shrivastava Judge Tumane