Ankur Kothari Vs Union of India

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1

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 2348 of 2024

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Ankur Kothari S/o Inder Chand Kothari Aged About 40 Years R/o Kothari Bhawan, Kamptee Line, Rajnandgaon, Police Station City Kotwali, Rajnandgaon, Tahsil And District Rajnandgaon, Chhattisgarh.

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---- Petitioner

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Versus

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

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The Regional Officer National Highway Authority Of India, Behind B.T.I. College, Shankar Nagar, Raipur, Chhattisgarh.

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The Project Director Project Implementation Unit, National Highway Authority Of India, Behind B.T.I. College, Shankar Nagar, Raipur, Chhattisgarh.

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The Deputy Manager And Asstt. Public Information Officer National Highway Authority Of India, Behind B.T.I. College, Shankar Nagar, Raipur, Chhattisgarh.

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The Collector Rajnandgaon, District : Rajnandgaon, Chhattisgarh

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Sub-Divisional Officer (Revenue) Cum Land Acquisition Officer Rajnandgoan, District : Rajnandgaon, Chhattisgarh

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The Tahsildar Tahsil And District Rajnandgaon, Chhattisgarh.

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---- Respondents

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For Petitioner : Mr. Shobhit Koshta, Advocate For State : Mr. Shubham Bajpai, Panel Lawyer For Res. No. 1 : Mr. R. K. Mishra, Dy. S. G. For Res. No. 2 to 4 : Mr. Dhiraj Kumar Wankhede, Advocate

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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24/06/2024

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The petitioner has filed this writ petition seeking following

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reliefs:-

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“10.1 This Hon’ble Court may kindly be pleased to issue appropriate writ, orders or direction to the respondent No. 5 to initiate the acquisition proceedings as per law for acquisition of the petitioner’s land measuring 3485 square feet part of khasra No. 197/16 situated at village Lakholi

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2

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District Rajnandgaon (C.G.) which has been encroached and possession has been taken illegally and further be pleased to direct the respondents to determine the compensation of petitioner’s aforesaid land as per law.

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10.2 Any other relief(s)/ order(s)/ direction(s) in favor of petitioner, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.3 Cost of the petition.

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During course of argument, learned counsel for petitioner has referred to Annexure-P/19 which is a letter of N.H.A.I. written to petitioner mentioning that petitioner can submit an application for joint demarcation of his property in presence of all the parties including the N.H.A.I. and therefore, respondents No. 5 to 7 be directed to conduct demarcation in presence of petitioner as also in presence of respondents No. 3 and 4.

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Learned State counsel submits that if this Court directs the demarcation of the land subject matter of the writ petition, i.e. land bearing khasra No. 197/16, it will be conducted in accordance with law, giving prior notice to all the interested parties including petitioner as also respondents No. 3 and 4.

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Mr. Dhiraj Kumar Wankhede, counsel for respondents No. 2 to 4 would submit that though he has made an attempt to seek instruction, however, no instruction is received by him till date. He, however, submits as Annexure-P/19 is appearing to be a letter written by respondent No. 3 mentioning that petitioner can apply for the demarcation in presence of respondent No. 3 and 4, if this Court directs for demarcation to be conducted by competent authority in presence of respondent No. 3 and

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3

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4, he is having no objection.

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I have heard learned counsel for respective parties.

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Considering facts and circumstances of the case, nature of grievance raised in this writ petition, in particular, the letter written by respondent No. 3 to petitioner based on the correspondence made by petitioner observing that petitioner can apply for demarcation in presence of respondent No. 3 and 4, without commenting anything on merits of the claim of petitioner, respondent No. 5 to 7 are directed to initiate the proceedings for demarcation of land bearing khasra No. 917/16 in accordance with law giving prior notice to the interested parties, in particular, petitioner as also respondent No. 3 and 4.

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Petitioner and respondents No. 3 and 4 shall cooperate and keep themselves present on the spot on the date fixed for demarcation of the subject land pursuant to the notice issued by the competent authority. Let the demarcation be conducted within a period of four months from the date of receipt of this order.

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Sd/(Parth Prateem Sahu) Judge

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Shayna

Ankur Kothari v. Union of India

Case brief

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Ankur Kothari v. Union of India

Case brief

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