wp (C)No ?§/° 12008 ( PETITIONER L RESPONDENTS .co'PY , - ‘ RECE‘VED \ag Ag“ B‘LA$PUR N THE HON'BLE HIGH COURT OF CHHATTISGA BILASPUR (c G ) g;) Aatmaram Shukla aged about 65 years, S/o Shn Badrl Prasad Shukla, R/o M.I.G-33, Nehru Nagar, Bilaspur, District-Bilaspur (C.G.) VERSUS r 1 /State of Chhattisgarh through Secretary Rural Engineering Services Department D.K.S. Bhawan Raipur (C:G) LERK ‘0 G - 2.fExecutive Engineer Rural Engineering Services' Biiaspur Division Bilaspur (C.G.) /Sub—Divisional Officer Rural Engineering services Bilaspur DiStriict—Biiaspu'r (C.G.) WRIT PETITION UNDER ARTICLE 226 OF’THE CONSTITUTION OF INDIA. $ I RH s\‘° HIGH COURT OF CHHATTISGARH : BILASPUR (Writ Petition under Article 226 of the Constitution of India) Single Bench : Hon’ble Shri satish K. Agnihotri, J. Present :— ‘Shri H.V. Sharma, Advocate for the petitioner. Shri M.P.S. Bhatia, Deputy Government Advocate for the State. ORDER ORAL (Passed onthis 23‘ ‘day of October, 201 0), Heard learned counsel for the parties. t By this petition, the petitioner seeks a writ of mandamus directing the . respondents not to construct road on his Iand without proper acquisition and without consent of the petitioner. The facts, in nutshell, as projected by the petitioner, are that the petitioner is the owner of Iand bearing Khasra No.187/2 area.2.53 acres situated at village Nirtu P.C.No.33 R.I.C. Masturi, District— Bilaspur. According to .the‘ Iearned counsel appearing for the petitioner, the proposed approach road from Bitkula to Adrali via. « Nirtu is being constructed on the abovestated [and _’oeIOnging to the petitioner without acquiring the same and without compensating the petitioner. Shri Shama, further submits that by Ietter dated 8-6—2007, ‘ the Sub DiviSionaI Officer, Rural Engineering Service’, has admitted in response .to the Ietter dated 05—06-2007 of the petitioner (Annexure P/3), that the [and was used for public purpose since time ' - A immemorial, therefore, the petitioner should give consent for use of ' his land for the purpose of road construction. Thus, the respondent ‘ authorities cannot take a contrary stand today saying that the land of the petitioner’as aforestated does not come under the proposed \ ‘ ‘ WRIT PETITION (C) NO.828 OF 2008 PETITIONER ' Aatmaram Shukla Versus I ' R'ESPO'NDENTS State of Chhattisgarh & Others pproach land. There is no dispute with regard to the fact that aforesaid land of the petitioner has been used for the pUrpose of approach road between Bitkuia to Adraii. Thus, a direction may be issued to the respondent authorities to grant proper compensation in accordance with law after taking consent of the petitioner. On the other hand, learned Deputy Government Advocate appearing I, for the State, submits that the construction of the proposed approach road is not on the land of the petitioner bearing Khasra No.187/2. A portion of the land bearing Khasra No.187/1 area 2.52 acres is coming under construction of road, which belongs to one Manharan Lal, who had already agreed to handover the land to the respondent State on 12-04~2008 (Annexure R/1). Be that as it may, it cannot be held that the facts} are admitted as stated by Shri Sharma. Whether a portion of the land belonging to the petitioner comes under the proposed road construction, is a matter of dispute and, as such, it requires not only affidavit and statements of the witnesses, but more than that i.e. spot inspection and examination of the witnesses, if necessary. The same cannot be examined in writ court in exercise of its extraordinary power under Article 226 of the Constitution of lndia. However having regard to the facts Situation of the case it is Just and expedient to direct the Collector Bilaspur to look into the matter and on demarcation if it is 'found that a portion of land belonging to the petitioner comes under road construction, the petitioner is entitled to be compensated in accordance with law. The needful shall be done within a period of - six weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order asto costs. Sd/— Gowri [g Satish K. Agnihotri-: Judge a