y ^ HIGH COURT OF CHHATTISGARH. BILASPUR CQRAM: APPELI.ANT Hon'ble Shri Sunil Kumar Sinha & Hon'ble Shri Radhe Shvam SharmaJJ. W.A.NQ.S26/2011 Maszid MOva Committee, Allas Sunni Hanfi Masjid Mowa Committee, Thorugh: Mutvalii, Mohammad Aarif Raza, S/oNoor Mohemmad, aged 40 years, R/o Mova Raipur, District Raipur VERSUS RESPQNDENTS 1 2. 3. 4. 5. 6. State of Chhattisgarh, Through: Secretary, Department of Revenue D.K.S. Bhavan Mantralay Raipur (C.G.). Collector & Ex-Officio Secretary, State of Chhattisgarh Department of Revenue, Raipur (C.G.). Sub Divisional Officer Cum Land Acquisition Officer, Raipur Tehsil & District Raipur (C.G.). Director General, Chhattisgarh Council For Science & Technology, Lokash Piaza, First Floor, Shanker Nagar Raipur, (C.G.). Commissoiner, Chhattisgarh House Construction Board, Head Quarter Shanker Nagar Raipur (C.G.). Executive Engineer, Chhattisgarh House Construction Board, Division No.4. Raipur (C.G.). WRIT APPEAL UNDER SECTION 2 OF SUB SECTION (11 OF THE GHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCHl. ACT. 2006 Appearance: Mr. S.N. Nande, Advoeate forthe appellant. Mr. A.S. (^chhawaha, Dy. Advocate State/respondents 1 to 3 on advance copy. General for the ; M^-,. t •w s W.A.No. 526/2011 >€ B ORAL ORDER (24.11.2011) SUNIL KUMAR SINHA.J. Heard. The appetlant is aggrieved by the order dated 12th of October, 2011 passed in Writ Petition (C) No. 6014/2011. By the impugned order, the writ petition filed by the appellant has been dismissed by the Writ Court. Land acquisition proceeding was initiated by the competent authority by invoking the provisions of Section 17(1) of the Land Acquisition Act, 1894 and the final award was passed on 18.02.2011, wherein a portion of land admeasuring 0.291 Hectare from Khasra No. 766 belonging to the appellant was acquired and the possession was taken over. Mr. Nande submits that the land was acquired for construction of approach road to Regional Science Center at Mowa, Raipur, however, now the beneficiary is raising walls on both the sides of the road. The Writ Court has held that once the land has been acquired for the approach road, if certain construction is made to protect the approach road, it cannot be held that raising of walls across the road is contrary to the purpose specified in notification under Section 4(1) as well as 6(2) of the Act. It is not the concerned of the land owner that in whlch manner the land is being utilized for the purpose, for which it was acquired. A perusal of the record would show that the land was acquired by following proper procedure and nothing was challenged till passing of the award. It is only when the construction of the wall, was proposed to be done for protection of the road then the challenge was made. After going through the entire facts and documents on record, we do not find any illegality or infirmity in the view taken by the Writ Court. The Writ Court, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Sunil Kumar Sinha; Judge Sd/- _. _ Radhe Shyam Sharma Judge