Manish Kumar Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2297 of 2019 • Manish Kumar Sharma S/o Late Chhagan Lal Sharma Aged About 44 Years R/o Janjgir, Police Station Janjgir, Revenue, And Civil District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Works Department, Mantralaya, New Raipur, Police Station Rakhi, Raipur Chhattisgarh

2. The Collector (Land Acquisition Officer) Janjgir Champa, Police Station Champa Tehsil Champa, Revenue And Civil District Janjgir Champa Chhattisgarh

3. Sub Divisional Officer Janjgir, P.W.D Police Station, Tehsil Revenue And Civil District Janjgir Champa Chhattisgarh

4. Sub Divisional Officer Janjgir, (Revenue) Police Station Tehsil Revenue And Civil District Janjgir Champa Chhattisgarh

5. Executive Engineer PWD, Champa, Office Of Executive Engineer, Public Works Department Champa Police Station And Tehsil Champa Revenue And Civil District Janjgir Champa Chhattisgarh ---- Respondents For Petitioner :

Shri Rupesh Shrivastava, Advocate For Respondents/State :

Shri Rahul Jha, GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 10/07/2019

1. Heard.

2. The present petition is filed with a grievance that a road was constructed long back in the year 1971-72 and the land of the petitioner was acquired, however, no compensation was given despite the fact that forcefully road was

constructed.

3. Learned counsel for the petitioner submits that on several occasions the petitioner has visited the office of the revenue authorities for the payment of compensation but all in vain. He would further submit that the demarcation would show that the road has been constructed over the land of the petitioner, however, no compensation has been paid. He would further submit that he has made a representation on 24.05.2019 before the Collecotr, Janjgir-Champa and therefore, the same may be decided and a direction may be given to decide the same.

4. The petitioner has alleged that the road was constructed without acquisition of land which naturally violates the Article 300 A of the Constitution of India. In view of this if the compensation has not been paid then it would amount to depriving the person without any authority of law. Without any further observation on merits it is directed that the representation made by the petitioner on 24.05.2019 shall be decided within a further period of 60 days from the date of receipt of copy of this order.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu