Ramkisun Verma Vs State of Chhattisgarh

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1

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2025:CGHC:9845

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NAFR

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Digitally signed by RAHUL RAHUL JHA JHA Date:2025.02.28 10:32:52 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 760 of 2022

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1 - Ramkisun Verma S/o Late Chita Ram Verma Aged About 62 Years R/o Village Amgaon, Post And Tahsil Chhuikhadan , District Rajnandgaon Chhattisgarh.

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2 - Visheshwar Verma S/o Late Samaru Ram Aged About 65 Years R/o Village Amgaon , Post And Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh. 3 - Smt. Subhadra Bai Verma W/o Shyam Lal Verma Aged About 43 Years R/o Village Amgaon , Post And Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh.

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4 - Smt. Baratnin Bai Wd/o Late Shri Jambu Ram Verma Aged About 46 Years R/o Village Amgaon , Post And Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh.

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Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary Department Of Revenue, Mantralaya , Mahanadi Bhawan , Atal Nagar, Nawa Raipur , District Raipur Chhattisgarh.

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2 - Collector Rajnandgaon, District Rajnandgaon Chhattisgarh.

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3 - Sub Divisional Officer / Land Acquisition Officer Chhuikhadan, District Rajnandgaon Chhattisgarh.

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4 - Project Manager A.D.B. Project , Chhattisgarh Rajya Sadak Kshetra Pariyojna , Public Works Department, Rajnandgaon , District Rajnandgaon, Office At Durg Chhattisgarh.

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2

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5 - Executive Engineer Cum Member Secretary Project Execution Unit 1, Chhattisgarh Gramin Sadak Vikas Abhikaran District Rajnandgaon Chhattisgarh.

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6 - Assistant Engineer Chhattisgarh Gramin Sadak Vikas Abhikaran, Project Executive Unit 1 , Rajnandgaon, District Rajnandgaon Chhattisgarh.

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Respondent(s)

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For Petitioner(s) : Mr. Shikhar Sharma, Advocate For Respondent(s) : Mr. Shreyansh Mehta, PL

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board

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27/02/2025

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By the present writ petition, petitioner- Ramkisun who is owner of land bearing Khasra No. 748 situated at Village Amgaon, District Rajnandgaon, petitioner- Visheshwar who is owner of land bearing Khasra No. 25/2 situated at Village Amgaon, District Rajnandgaon, Petitioner- Subhadra Bai, who is owner of land bearing Khasra No. 12/2 situated at Village Kodka, and petitioner Baratnin Bai’s husband who is owner of land bearing Khasra No. 12/1 situated at Village Kodka, are seeking directions towards the respondents’ authority for payment of compensation towards the petitioners’ land which has been used for construction of bridge and road without making any compensation to the petitioners.

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Learned counsel for the petitioners submits that the respondents have constructed the road and bridge over the lands of the petitioners without acquisition of the lands and even without making any payments towards compensation. Therefore, the respondents may be directed to take appropriate steps for acquisition of the lands of the petitioners in accordance with law.

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Learned counsel for the State would submit that respondent No.3/SDO

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3

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(Revenue) shall examine the claim of the petitioners by making a spot inspection and if it is found that the lands of the petitioners have been used for construction of road and bridge, then necessary steps shall be taken for payment of compensation in accordance with law.

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I have heard learned counsel for the parties, pleadings and the representations submitted by the petitioners.

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From perusal of the writ petition, it appears that initially the petitioners have filed the petition for stopping of the construction over their lands and alternatively prayed to initiate the proceeding under Section 13 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is also appears from the contention of the petitioners that the lands of the petitioners have been utilized for construction of bridge and road.

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Hence, the Sub-Divisional Officer (Revenue) is directed to conduct the spot inspection and demarcate the lands of the petitioners within a period of 50 days from today and if it is found that the lands of the petitioners have been utilized for construction of road and bridge, the competent authority shall proceed further for acquisition of land of the petitioners and shall make payment of compensation in accordance with law. The Collector, Rajnandgaon, shall ensure payment of proper compensation to the petitioners, in accordance with law.

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With the aforesaid direction, the writ petition is disposed of.

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Sd/-

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(BIBHU DATTA GURU) JUDGE

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Rahul

Ramkisun Verma v. State of Chhattisgarh

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Ramkisun Verma v. State of Chhattisgarh

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