Sukhiram Bharti Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mantralaya, Capital Complex, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh

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2 - Collector Office Of The Collector, District Sakti Chhattisgarh

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3 - The Sub-Divisional Officer Land Acquisition Officer, Sub Division Malkharouda, District Sakti Chhattisgarh

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4 - Tahsildar Office Of The Tahsildar, Malkharouda, District Sakti Chhattisgarh

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5 - Halka Patwari No. 25 Inspector Of Revenue Division/ Tahsil Malkharouda, Office Of The Tahsildar, Malkharouda, District Sakti Chhattisgarh

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6 - The Executive Engineer Public Works Department (P W D), District Sakti Chhattisgarh

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7 - C.G. State Road Development Authority Project Manager (A.D.B. Project) Public Works Department, District Bilaspur Chhattisgarh

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... Respondents

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For Petitioners

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: Mr. Preetam Kumar Khunte, Advocates

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For Respondent(s)/ State : Mr. Abhishek Gupta, Panel Lawyer

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order on Board

19/03/2026

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1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :-

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“ 10.1 That, this Hon’ble Court may kindly be pleased to issue a suitable writ, order directing the respondent authorities to grant benefit of the compensation of the acquired land.

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10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent No. 2 to disburse the compensation amount as sum total of all petitioner’s Rs. 15,09,364/- as per Patrak-18, to the all Petitioner’s in respect of land bearing khasra No. 867, 855/5 and 755/2 land situated at Village Bade-Sipa, Patwari Halka No. 25, Tahsil Malkharouda, District Sakti (C.G.), with interest of 9 % per annum from the date of taking possession till expiry of one year; and interest of 15% per annum thereafter till actual payment of the entire compensation amount.

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10.3 Any other relief which this Hon’ble Court deems fit and proper may also be passed in faovour of the petitioner together with cost of the petition.

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2. Learned counsel for the petitioners submits that the petitioners are resident of Village Bade Sipat, Tahsil Malkharouda, Distt. Sakti (CG) and their land has been acquired for the purpose of construction of JaijaipurMalkharouda-Gobarbhata road and the same has been constructed under Chhattisgarh State Road Development Project (ADB Project). The land has been acquired under Mutual Consent Purchasing Policy, 2016, but no compensation/ other benefits has been given to the petitioners. He further submits that the petitioners have filed representation on 11.02.2025

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(Annexure P-5) before respondent No.2, but the same has not been decided yet, therefore, it is prayed that this petition may be disposed of directing respondent No.2 to decide the representation of the petitioners within the period specified by this Court.

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3. Learned counsel for the State has no objection in allowing the limited prayer of the petitioners.

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4. As per the petitioners, their land has been utilized for construction of road, but no compensation has been given, which is against Article 300 A of the Constitution of India, as no person can be deprived from his property without following due process of law and acquisition proceedings can be completed after giving compensation to the affected villagers, which has not been done in the instant case. Therefore, having considered the limited prayer of the petitioners, this petition is disposed of directing respondent No.2/Collector, District Sakti (CG) to decide the representation of the petitioners (Annexure-P-5), within 45 days from the date of receipt/ submission of a copy of this order.

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5 . With aforesaid observation and direction, this petition stands disposed of.

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Sd/(Naresh Kumar Chandravanshi) Judge

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AMITKUMARDUBEY Digitally signedby AMITKUMAR DUBEYDate:2026.03.2017:42:09 +0530

Sukhiram Bharti v. State of Chhattisgarh

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Sukhiram Bharti v. State of Chhattisgarh

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