HARMEET SINGH SALUJA vs UNION OF INDIA

Court
Chhattisgarh High Court

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CGHC010341502026 2026:CGHC:38989
Digitally signed by
YOGESH TIWARI
Date: 2026.09.03
15:34:54 +0530
YOGESH
TIWARI
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4480 of 2026
1 - Harmeet Singh Saluja S/o Shri Amrik Singh Saluja Aged About 35
Years R/o Punjabi Para, Bemetara, District Bemetara, C. G.
2 - Guljeet Kaur Saluja W/o Shri Labh Singh Saluja Aged About 35
Years R/o Ward No. 07, New Ward No. 08, Raipur Road Bemetara,
District Bemetara C. G.
3 - Balmeet Singh Saluja S/o Shri Malak Singh Saluja Aged About 34
Years R/o Ward No, 07, New Ward No. 08, Raipur Road Bemetara
District Bemetara C G.
... Petitioners
versus
1 - Union Of India Through The Secretary Ministry Of Road Transport
And Highways, Government Of India, New Delhi
2 - The Competent Authority, / Land Acquisition Officer, Office Of The
Sub Divisional Officer, ( Revenue) Bemetara District Bemetara C. G.
3 - The Tehsildar Tehsil Bemetara District Bemetara C. G.
4 - The Revenue Inspector/Patwari, Bemetara District Bemetara C G.
5 - Executive Engineer, N H Division Cum N H D P -P I U, Public Works
Department Raipur District Raipur (C.G.)
... Respondents
(Cause-title taken from Case Information System)
For Petitioners : Mr. Shakti Raj Sinha, Advocate
For Respondents No.1 & 5 : Mr. Ramakant Mishra, Deputy Solicitor
General
For State/Respondents
No.2 to 4
: Mr. S.S. Choubey, Government Advocate

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Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board
03.09.2026
1. At the outset, learned counsel appearing for the petitioners
submits that the Executive Engineer, National Highway Division-
cum-NHDP-PIU, Public Works Department, Raipur, District Raipur
(C.G.), is a necessary and proper party to the present
proceedings, having regard to the nature of the relief sought by
the petitioners and the role of the said authority in the acquisition
proceedings. Accordingly, in order to ensure effective and
complete adjudication of the grievance raised in the present
petition, the petitioners are permitted to implead the Executive
Engineer, National Highway Division-cum-NHDP-PIU, Public
Works Department, Raipur, District Raipur (C.G.), as respondent
No.5. The said respondent is impleaded as an additional party
respondent in the present proceedings. The necessary
incorporation in the cause title and in the CIS shall be carried out
during the course of the day.
2. By filing the present writ petition, the petitioners have essentially
called in question the continued non-disbursement of the land
acquisition compensation pertaining to their respective portions of
Khasra No.1360, situated at Village Bemetara, Patwari Halka
No.27, Tahsil and District Bemetara, which came to be acquired
for the construction/widening of National Highway No.30, earlier
National Highway No.12A. The petitioners claim to be the

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registered purchasers of different portions of the aforesaid land
and contend that, notwithstanding the registered sale deeds,
consequential mutation in their favour and their specific objections
raised during the acquisition proceedings, the compensation
amount has not yet been disbursed to them. The grievance of the
petitioners, therefore, is confined to a direction to the competent
authorities to complete the requisite verification and
apportionment of the acquired area and thereafter release the
compensation amount to the person or persons found legally
entitled thereto in accordance with law. The petitioners have
prayed for following reliefs:-
“10.1 Issue an appropriate writ, order or
direction directing Respondent
No.2/competent Land Acquisition Officer,
Bemetara, to complete the verification
contemplated under the award dated
11.01.2016 and the subsequent memorandum
dated 26.11.2025 by determining the
respective portions of the lands of Petitioner
Nos. 1 to 3 affected by the acquisition of
Khasra No. 1360 for the Bemetara bypass.
10.2 Direct the respondents to consider the
registered sale deeds, mutation/revenue
records, objections filed during the acquisition
proceedings, the report dated 03.11.2015, site
inspection report dated 20.11.2015 and all
other relevant documents and thereafter
determine the persons legally entitled to
receive the compensation.

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10.3 Direct the respondents to
release/disburse the compensation amount of
Rs.23,11,245/-, to the extent attributable to the
respective acquired portions of the petitioners,
in favour of the petitioners in accordance with
law, after completing the requisite verification
within a time-bound period, preferably within
four weeks from the date of receipt of a
certified copy of the order passed by this
Hon'ble Court.
10.4 Grant any other relief which this Hon'ble
Court may deem fit and proper in the facts
and circumstances of the present case.”
3. Mr. Shakti Raj Sinha, learned counsel appearing for the
petitioners, submits that the petitioners had purchased their
respective portions of Khasra No.1360 by registered sale deeds
dated 28.01.2015 and their names were thereafter duly mutated
and recorded in the revenue records. It is submitted that the
acquisition notification under Section 3A of the National Highways
Act, 1956, was published on 30.03.2015, i.e., subsequent to the
purchase made by the petitioners, and the petitioners had
specifically brought their respective claims of ownership to the
notice of the acquisition authorities during the acquisition
proceedings. Learned counsel further submits that the
communication dated 03.11.2015 issued by the Executive
Engineer, National Highway Division/NHDP-PIU, Raipur, as well
as the subsequent proceedings clearly demonstrate that the
petitioners' claims were within the knowledge of the authorities

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even prior to passing of the award dated 11.01.2016. It is further
pointed out that the memorandum dated 26.11.2025 issued by the
Sub-Divisional Officer, Land Acquisition Branch, Bemetara, itself
records the present revenue position of the subject land and
acknowledges that the respective portions of Khasra No.1360 are
presently recorded in the names of the three petitioners. Learned
counsel submits that, therefore, the dispute at this stage
essentially relates to identification and apportionment of the
affected area and consequential disbursement of the
compensation and that the matter has remained pending for a
considerable period, despite the acquisition proceedings having
commenced as far back as in the year 2015. He accordingly prays
that an appropriate direction may be issued to the competent
authorities to complete the pending exercise and disburse the
compensation amount to the persons found legally entitled thereto
within a stipulated period.
4. Mr. Ramakant Mishra, learned Deputy Solicitor General of India,
appearing for respondent Nos.1 and 5, submits that he has no
objection if an appropriate direction is issued to the competent
authority to consider the claims of the petitioners, complete the
requisite exercise of verification and apportionment and thereafter
disburse the compensation amount in accordance with law within
a time-bound period.

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5. Mr. S.S. Choubey, learned Government Advocate appearing for
the State/respondent Nos.2 to 4, also submits that there is no
objection to issuance of an appropriate direction to the concerned
competent authority for consideration and disposal of the pending
claim of the petitioners and for consequential disbursement of the
compensation amount to the person or persons found entitled
thereto in accordance with law. It is, however, submitted that the
competent authority may be permitted to undertake the necessary
verification and determine the respective entitlement and affected
area before making payment.
6. I have heard learned counsel for the parties and have perused the
material available on record.
7. Having regard to the nature of the grievance raised in the present
petition, I am of the considered view that, at this stage, it is not
necessary for this Court to enter into or adjudicate upon the
disputed questions, if any, relating to title or the ultimate
entitlement of any particular person to the compensation amount.
The material placed on record, particularly the communication
dated 03.11.2015 issued during the acquisition proceedings,
indicates that the claims of the petitioners in respect of their
respective portions of Khasra No.1360 had been brought to the
notice of the acquisition authorities during the course of the
proceedings itself. More significantly, the subsequent
memorandum dated 26.11.2025 issued by the Sub-Divisional

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Officer, Land Acquisition Branch, Bemetara, records the present
revenue position of the subject land and specifically notices the
respective areas standing in the names of the three petitioners.
The said memorandum further notices that, while the total area
presently recorded in the names of the petitioners is 0.676
hectare, the area affected by the bypass is 0.530 hectare, and
accordingly directs the Revenue Inspector and Patwari to
ascertain the exact affected area attributable to each of the
present recorded holders. Thus, from the aforesaid official record,
it appears that the competent authority has already undertaken
the exercise of examining the present revenue position and has
itself contemplated further verification for determining the
respective affected portions.
8. In the aforesaid factual background, and particularly keeping in
view that the acquisition proceedings relate to the year 2015 and
the question of disbursement of compensation has remained
pending for a considerable length of time, I deem it appropriate to
issue a limited direction to the competent authority to bring the
matter to its logical conclusion. Accordingly, the competent
respondent authority shall consider and decide the claims of the
petitioners with regard to the compensation payable in respect of
their respective portions of Khasra No.1360, undertake such
verification, demarcation and apportionment of the
acquired/affected area as may be necessary, and thereafter
disburse the compensation amount to the person or persons

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found legally entitled thereto, strictly in accordance with law. The
entire exercise shall be completed, as expeditiously as possible,
preferably within a period of 60 days from the date of receipt of a
certified copy of this order. While undertaking the aforesaid
exercise, the competent authority shall take into consideration the
material already available on record, including the communication
dated 03.11.2015, the award dated 11.01.2016 and the
memorandum dated 26.11.2025, and shall pass an appropriate
reasoned order in accordance with the applicable provisions
governing payment and apportionment of compensation.
9. It is made clear that this Court has not expressed any opinion on
the merits of the rival claims or on the ultimate entitlement of any
party to the compensation amount, and the competent authority
shall remain free to take an independent decision in accordance
with law.
10. With the aforesaid directions, the present writ petition stands
disposed of .
11. There shall be no order as to costs.
Sd/-
/- (Amitendra Kishore Prasad)
Judge
Yogesh