Collector must demarcate claimed acquired land and pay compensation if a road occupies it.

The petitioners, residents of Village Tohadi, District Bemetara, claimed that their land had been acquired or utilised for construction of a public road but that compensation had not been paid.

They sought directions to the respondent authorities to consider their representation and pay compensation according to the market value under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The petitioners submitted that the issue was covered by the High Court’s earlier decision in Mayaram Nishad v. State of Chhattisgarh & Others, WPC No. 685 of 2021, decided on 11 February 2021.

1. Whether the petitioners’ claim regarding acquisition or utilisation of their land for a road and payment of compensation should be considered in accordance with the directions issued in Mayaram Nishad.

2. Whether the respondent authorities should conduct demarcation and pay suitable compensation if the petitioners’ land was found to have been acquired and the road was found to exist over it.

The Court applied the principle laid down in Mayaram Nishad v. State of Chhattisgarh & Others, namely that where a petitioner alleges that land has been acquired and compensation has not been paid, the petitioner may submit a representation to the Collector; the Collector must consider the claim after demarcation and, if the land is found to have been acquired and a road exists over it, pay suitable compensation in accordance with law within the prescribed time.

Although the petitioners referred to compensation under the 2013 Land Acquisition Act, the Court did not independently determine the applicable statutory entitlement or compensation amount.

The Court found that the petitioners’ grievance was identical to that considered in Mayaram Nishad: alleged utilisation or acquisition of land for a road without payment of compensation.

Since the earlier decision required the Collector to verify the factual position through demarcation and to pay compensation if acquisition and road construction were established, the Court considered it appropriate to dispose of the present petition in the same terms rather than adjudicate the petitioners’ entitlement directly.

Consequently, the petitioners’ claim is to be considered by the competent authority after demarcation; if their land is found to have been acquired and the road exists over it, suitable compensation is to be paid in accordance with law within the stipulated period.

There was no order as to costs.