Itwar Singh Paikra Vs Union of India

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2025:CGHC:34834

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1389 of 2024

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1 - Itwar Singh Paikra S/o Shri Sonar Singh Paikra Aged About 48 Years R/o Village Bhorga, Tehsil - Podi Uproda, District - Korba, Chhattisgarh. 495445.

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2 - Kamni Singh W/o Shri Vekatraman Singh Aged About 43 Years R/o Village Kendai, Tehsil Podi Uproda, District - Korba, Chhattisgarh.

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3 - Balamsay Kujur S/o Late Shri Chhanduwa Aged About 81 Years (Mentioned As Chhaduva In Adhar Card Of Petitioner) Kujur, R/o Village Parla, P.O. Madai, Parala, District - Korba, Chhattisgarh. 495445

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4 - Budhwar Singh Binjhwar S/o Late Shri Sadar Say Binjhwar Aged About 63 Years R/o Parla, Madai, District - Korba, Chhattisgarh. 495445.

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5 - Chhote Lal Yadav @ Chhotelal Yadav S/o Late Shri Rajaram Yadav Aged About 40 Years R/o Village - Kapanawapara, Gram Panchayat Parla Tehsil Podi Uproda, District - Korba, Chhattisgarh.

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6 - Abdul Zabbar Momeen S/o Nabijaan Aged About 46 Years (Mentioned As Abdul Jatbar Momeen In Adhar Card), (Mentioned As Navigan In Ahdar Card Of Petitioner), R/o Kapanavapara, Parla, P.O. Madai, Tehsil Podi Uproda, District - Korba, Chhattisgarh.

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7 - Sadanand S/o Shri Brijnath Aged About 48 Years (Mentioned As Brijlal In Petitioner Adhar Card), R/o Village Chotiya, Tehsil Podi Uproda, District -

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ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.23 17:59:01 +0530

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Korba,

Chhattisgarh.

8 - Jyoti Raj D/o Late Shri Ramsingh Raj Aged About 23 Years R/o Basti Para, Gram Panchayat Madai, Tehsil Podi Uproda, District - Korba, Chhattisgarh.

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9 - Budhvar Singh S/o Shri Samar Singh Aged About 41 Years R/o Village Madai, Tehsil Podi Uproda, District - Korba, Chhattisgarh.

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10 - Annapoorna Singh W/o Late Shri Kshetramani Pratap Singh Aged About 34 Years (Annapoorna Devi Tanwar As Per Adhar Card), R/o Village Gurasiya, TehsilPodi Uproda, District - Korba, Chhattisgarh.

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11 - Kuvariya Bai Gond W/o Ramsingh Gond Aged About 44 Years D/o Bandhan Singh, R/o Village Gurasiya, Tehsil Podi Uproda, District - Korba, Chhattisgarh.

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12 - Bechan Singh S/o Balak Ram Aged About 60 Years (Bechan Singh Gond As Per Adhar Card), R/o Village Gurasiya, Tehsil Podi Uproda, District - Korba, Chhattisgarh.

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13 - Mangalesh Narayan S/o Alag Ram @ Alag Ram Preta Aged About 24 Years (Mangalesh Preta As Per Adhar Card), R/o Village Gurasiya, Tehsil Podi Uproda, District - Korba, Chhattisgarh.

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14 - Pramod Agrawal S/o Radheshyam Agrawal Aged About 45 Years R/o Village Podi Uproda, Tehsil - Podi Uproda, District - Korba, Chhattisgarh.

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... Petitioners

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versus

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

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2 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Public Works Department Mantralya, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur, Chhattisgarh.

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3 - Chief Engineer Office Of The Chief Engineer, National Highway Zone, Public Works Department (Pwd), Nh Campus, Pension Bada, Raipur, Dist - Raipur, Chhattisgarh. 4 - The Regional Officer Regional Office, Nh Campus, Pension Bada, Raipur, District - Raipur, Chhattisgarh. 5 - Superintendent Engineer P.W.D. National Highway Circle, Bilaspur, Near Civil Court, Neharu Chowk, Bilaspur, District - Bilaspur, Chhattisgarh. 6 - Executive Engineer P.W.D. National Highway Circle, Bilaspur, Near Civil Court, Neharu Chowk, Bilaspur, District - Bilaspur, Chhattisgarh.

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7 - Collector Korba, District - Korba, Chhattisgarh.

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8 - Sub - Divisional Officer (Revenue) Cum Land Acquisition Officer Katghora, District - Korba, Chhattisgarh.

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... Respondents

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For Petitioners : Ms. Prabha Sharma, Advocate For Respondent No.1/UOI : Mr. Tushar Dhar Diwan, CGC For State : Ms. Upasana Mehta, Dy. GA

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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22/07/2025

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With the consent of learned counsel for the parties, the matter is heard finally.

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Petitioners have filed this writ petition seeking following relief:-

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“10.1. That, this Hon'ble Court be pleased to call for the entire records from the respondents for its kind perusal.

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10.2. That, this Hon'ble Court be pleased to issue a writ in the nature of mandamus directing the respondents to compensate the Petitioners along with interest in respect of his land having been acquired.

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10.3. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of the petitioners in respect of the compensation on acquisition of their land and decide the representation of the petitioners within specific time period.

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10.4. That, this Hon'ble Court be pleased to direct the state authorities to compensate the Petitioners by paying adequate compensation for the economic and mental harassment.

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10.5. That, any other order or orders, direction or directions, writ or writs, as this Hon'ble Court may deem fit under the facts and circumstances of the case may also be issued in favour of the Petitioners against the respondents.

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10.6. That costs of the petition may also be awarded to the Petitioners.”

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Learned counsel for petitioners submits that the lands of petitioners

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situated in different villages of Tehsil Podi Uproda, District Korba was subject matter of acquisition proceeding under Section 3A of the National Highways Act, 1956. However, after completion of acquisition proceeding, the amount of compensation is not awarded and disbursed to the petitioners and therefore, they submitted several representations/ applications before the authority concerned, but till date no decision has been taken on the same.

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Learned counsel for respondent No.1 & 4 would submit that after receipt of application from some of the petitioners herein, the respondent No.4 wrote letter to respondent No.8 to take necessary steps to verify whether the land of petitioners is used in construction of national highway road.

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At this stage, learned counsel for petitioners submits that petitioners may be permitted to submit fresh representation/application before respondent Nos.6 to 8 for redressal of their grievance and in turn, they be directed to decide representation/ application of petitioners within specified time.

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Learned counsel for respondent No.1 & 4 as also respondent-State submit that they have no objection to aforementioned limited prayer made by learned counsel for the petitioners.

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I have heard learned counsel for respective parties and perused the documents annexed with writ petition.

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Considering the facts and circumstances of case, submissions of

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learned counsel for respective parties, nature of grievance, this writ petition is disposed of at this stage permitting petitioner to submit fresh application/representation before respondent No.6 to 8 raising all the grounds as raised in this writ petition. In the event, petitioners file such application/representation, respondent Nos.6 to 8 shall consider and decide the same in accordance with law expeditiously, preferably within a period of three months from the date of receipt of application/representation.

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Certified copy as per rules.

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SD/-

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(Arvind Kumar Verma) JUDGE

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ashu

Itwar Singh Paikra v. Union of India

Case brief

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Itwar Singh Paikra v. Union of India

Case brief

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