High Court Of ChhattisgarhWPC/2529/2018disposed off

Punau Ram Sahu v. State Of Chhattisgarh

2018-09-17Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2529 of 2018 • Punau Ram Sahu S/o Surit Ram Sahu Aged About 70 Years R/o Bahbaliya, Tahsil Pandariya, District Kabirdham Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Rural Development Department, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh

2. Chief Executive OfÏcer, Chhattisgarh Rural Development Agency, Pradhan Mantri Gram Sadak, Yojna, Civil Lines, Raipur, District Raipur Chhattisgarh.

3. Collector Kabirdham, District Kabirdham Chhattisgarh.

4. Executive Engineer And Member Secretary, Pradhan Mantri Gram Sadak Yojna (PMGSY), Kabirdham, District Kawardha Chhattisgarh.

5. Sub Divisional OfÏcer /Land Acquisition OfÏcer, Kabirdham, District Kawardha Chhattisgarh.

---- Respondent For Petitioner Mr. NK Chatterjee, Advocate For Respondent /State Mr. PK Bhaduri, Government Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 17/9/2018

1. Heard.

2. Learned counsel for the petitioner would submit that the petitioner's land bearing Khasra No.258 at Village Bahbaliya, Patwari Circle 12, RI Circle, Kunda, Tahsil Pandariya, District

Kabirdham, has been used for construction of road in the year 2018, as would be apparent from the documents filed along with the writ petition, however, no acquisition proceedings have been drawn nor any compensation has been paid to the petitioner.

3. Considering the nature of grievance raised in the writ petition, it would be appropriate to dispose of the writ petition with direction to respondents 3 to 5 to demarcate the land belonging to the petitioner to ascertain as to whether any part of his holding has been used for construction of road. If it is found that any part has been used, the concerned authority, who has constructed the road, shall move a proposal before the Collector for acquisition of land and thereafter, upon conclusion of the land acquisition proceedings, due compensation shall be paid to the petitioner. The demarcation shall be carried out within a period of 2 months from today and thereafter, acquisition proceedings shall be completed within a period of 4 months.

4. It is ordered accordingly. Sd/- (Prashant Kumar Mishra) Judge Shyna