Ankur Kothari Vs Union of India

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2025:CGHC:51208

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 4964 of 2025

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Ankur Kothari S/o Inder Chand Kothari Aged About 41 Years R/o Kothari Bhawan, Kamptee Line, Rajnandgaon, P.S. City Kotwali, Rajnandgaon, Tahsil And Distt. Rajnandgaon, Chhattisgarh.

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... Petitioner(s)

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versus

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

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2 - The Regional Officer National Highways Authority Of India, H. No. F-1, Anupam Nagar, Tv Tower Road, Raipur, Chhattisgarh.

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3 - The Project Director Project Implementation Unit, National Highways Authority Of India, Old Montfort School Campus, Nh-30, Jhanki, Abhanpur, Distt. Raipur, Chhattisgarh.

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4 - The Deputy Manager And Asstt. Public Information Officer National Highways Authority Of India, Old Montfort School Campus, Nh 30, Jhanki, Abhanpur, Distt. Raipur, Chhattisgarh.

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5 - The Collector Rajnandgaon, Distt. Rannandgaon, Chhattisgarh.

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6 - Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Rajnandgaon, Distt. Rajnandgaon, Chhattisgarh.

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7 - The Tahsildar Tahsil And Distt. Rajnandgaon, Chhattisgarh.

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... Respondent(s).

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----------------------------------------------------------------------------------------- For Petitioner : Mr. Gopal Swaroop Gupta, Advocate. For Respondent-State : Ms. Upasana Mehta, Dy. GA. For Respondent No.3 : Mr. DK Wankhede, Advocate with Ms. Aishley Shrivastava, Advocate. -----------------------------------------------------------------------------------------

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Hon'ble Shri Arvind Kumar Verma, Judge Order on Board

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14.10.2025

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1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs:

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“RELIEF(S) SOUGHT:

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10.1 This Hon'ble Court may kindly be pleased to issue appropriate writ, orders or direction to the respondents to initiate the acquisition proceeding within one month as per law for acquisition of the petitioner's land measuring 315 square meter part of khasra no. 197/16 situated at village Lakholi District Rajanandgaon (C.G.) which has been encroached and possession has been taken illegally.

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10.2 This Hon'ble Court may kindly be pleased to issue appropriate writ, orders or direction to the respondents to complete the acquisition proceeding as per law within 6 months and further be pleased to direct the respondents to determine the compensation of petitioner's aforesaid land as per law and to disburse the amount of compensation with interest expeditiously.

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10.3 Any other relief(s)/ order(s)/ direction(s) in favour 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.

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10.4 Costs be awarded to the Petitioner.”

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2. Learned counsel appearing for the petitioner contended that petitioner is having land bearing Khasra No.197/16 admeasuring 2.0446 hectares, situated at Village Lakholi, P.H.N. 42, Tehsil Rajnandgaon, District-Rajnandgaon (C.G.). For construction of the national highway, respondent-authority concerned has illegally encroached and taken the possession on 315 square meter of the petitioner's land without his consent, without any proceedings of acquisition as per law and without paying compensation. Hence, petitioner has came-up before this Court with aforementioned prayer.

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3. Learned counsel for respondent No.3/National Highway contended that as per Section 3(a) of the National Highways Act, concerned Sub-Divisional Officer (Revenue) has been appointed for land acquisition and he himself is the custodian of all the revenue record, therefore, it is duty and obligation of the Competent Authority for Land Acquisition (CALA) to scrutinize the matter and pass appropriate award.

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4. Learned State Counsel contended that this writ petition may be disposed of with a direction to the concerned SDO (Revenue) to scrutinize the matter, initiate the land acquisition proceeding and pass appropriate award as per relevant law.

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5. Heard learned counsel for the parties.

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6. Considering facts of the case, nature of relief, above submissions of counsel for the parties, this writ petition is disposed of at this

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stage directing the concerned SDO (Revenue) to scrutinize the matter, initiate the land acquisition proceeding and pass appropriate award on its own merits as per the relevant rule/law/regulation, preferably within an outer limit of 06 months from the date of receipt of copy of this order.

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7. It is made clear that this Court has not expressed any opinion on the merits of the case.

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Sd/(Arvind Kumar Verma) Judge

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J/-

Ankur Kothari v. Union of India

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Ankur Kothari v. Union of India

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