Disposed

Kartik Ram v. Union of India

Chhattisgarh HC20 Dec 2023WPC/4677/2023

Case brief

AI extract

What is this about?

The High Court ordered fresh demarcation of the petitioner's land to verify its utilization for road widening. If utilized, authorities must complete proceedings and pay compensation within one year.

What did the court decide?

Court directed authorities to conduct fresh demarcation of disputed land and ascertain its utilization; if utilized, complete acquisition and compensation within one year.

Kartik Ram Vs Union of India — Land Acquisition | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 4677 of 2023

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Kartik Ram S/o Ude Ram Aged About 74 Years R/o Village Bhojpuri, Bilha, Tahsil Sargaon, District Bilaspur (C.G.)

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---- Petitioner

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Versus

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Union Of India Through The Secretary, Ministry Of Road Transport And Highways, New Delhi

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Collector Bilaspur, District Bilaspur (C.G.)

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Executive Engineer P.W.D. (National Highway Division) Bilaspur, District Bilaspur (C.G.)

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Sub Divisional Officer (R) Cum-Land Acquisition Officer Bilha, District Bilaspur (C.G.)

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Tahsildar Bilha, District Bilaspur (C.G.)

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National Highway Authority Of India, Through Its Project Director, Project Implementation Unit, Abhilasha Parisar, Bilaspur District Bilaspur Chhattisgarh.

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---- Respondents

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---------------------------------------------------------------------------------------------- For Petitioner : Shri Sushobhit Singh, Advocate For Respondent No.1& 3/UOI : Shri Tushar Dhar Diwan, Central Govt. Counsel For Respondents 2, 4 & 5/State : Shri Rahul Jha, Govt. Advocate For Respondent No.6 : Shri Dhiraj Kumar Wankhede, Govt. Advocate ---------------------------------------------------------------------------------------------- Hon'ble Shri Justice Naresh Kumar Chandravanshi

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Order On Board

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20.12.2023

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1 . Heard.

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2 . The petitioner has preferred this writ petition seeking following relief:-

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10.1 That, this Hon'ble Court may kindly be pleased to issue a suitable writ, order, directions and direct the respondent / state authorities to initiate the acquisition proceedings over the petitioner's land bearing khasra no. 174, situated at village Bhojpuri, R.I.C. Dagori,

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Tahsil Bilha, District Bilaspur (C.G.) and the respondents may be further directed to conclude the acquisition proceedings within a stipulated period of time and pass award and disburse compensation in favour of the petitioner.

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10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to acquire the petitioner's land by following due process of law and by publishing notification and the respondents be further directed to pass final award and grant suitable compensation in lieu of the acquisition of petitioner's land.

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10.3 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed.

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3. Learned counsel for the petitioner would submit that the petitioner is the owner of land bearing Khasra No.174, situated at Village Bhojpuri, R.I.C. Dagori, Tahsil Bilha Distt. Bilaspur (CG), out of which, some portion of the land has been utilised by the respondents for widening of Saargaon- Bilaspur road (National Highway New No.130). But neither any acquisition proceedings has been initiated by the respondents nor any compensation amount has been paid to the petitioner. He would further submit that despite utilising the land of the petitioner by the respondent authorities, no proceedings has been initiated for acquisition of the land, therefore, he prays that this petition may be disposed of directing the respondent authorities to initiate land acquisition proceedings and also to give compensation of the petitioner. Hence, appropriate direction may be issued to the respondent to take necessary steps in this regard.

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4. Learned counsel appearing for respondent No.6 would submit that Department of Revenue has submitted Linear Plan of village Bhojpuri for construction of National Highwary No.130 Saargaon-Bilaspur, which does not contain land bearing Khasra No.174, despite that the authorities/respondent No.6 has written letter (Annexure R-6/2) to Land Acquisition Officer-cum-Sub Divisional Officer (Revenue), Bilaspur to inspect the spot/ land bearing Khasra No.174 situated at Village Bhojpuri, R.I.C. Dagori, Tahsil Bilha Distt. Bilaspur as to whether any land has been utilised for widening/alignment of road as sought for by the petitioner.

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5. Learned counsel appearing for other respondents would submit that they have no objection in allowing the limited prayer made by the petitioner.

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6. Considering the contention purforth by learned counsel for the parties and perusal of the documents annexed by the petitioner (Annexure-P/2) and by respondent No.6 (Annexure-R6/2), at this juncture, I feel inclined to dispose of this petition directing the respondent authorities to conduct fresh demarcation of the land bearing Khasra No.174, situated at Village Bhojpuri, R.I.C. Dagori, Tahsil Bilha Distt. Bilaspur (CG) and ascertain whether any part of the aforesaid land has been utilised for widening/alignment of road and if it is found that portion of the aforesaid land has been utilised by the respondent No.6 for aforesaid purpose, then necessary proceedings shall be drawn

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and compensation according to the law shall be given to the petitioner. It is further made clear that all these exercises be concluded as early as possible, preferably, within a period of one year from the date of receipt of copy of this order.

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7. Accordingly, this petition is disposed of with aforesaid observations and directions.

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Sd/-

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(Naresh Kumar Chandravanshi) JUDGE

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Bini

Kartik Ram v. Union of India

Case brief

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Kartik Ram v. Union of India

Case brief

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