ARJUN LAL GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Ashish Shrivastava, learned senior counsel assisted by Mr. Achyut Tiwari, learned counsel for the petitioner. Also heard Mr. Raghvendra Pradhan, learned Additional Advocate General, appearing for respondent Nos. 1 to 10 and Mr. Akash Kedia, learned counsel, appearing for respondent No.11.

(2.) The case of the petitioner is that administrative approval for widening and strengthening Basantput-Amarpur-Pendra road was granted and the road was proposed over Khasra Nos. 54 and 48. But the respondent authorities are constructing road over Khasra No. 49 as also in part of Khasra No.39 owned by private persons by making deviation of the road.

(3.) Perusal of the order of this Court dtd. 7/9/2022 would go to show that while Mr. Shrivastava submitted that there is a road on Khasra No. 48 in village - Amarpur and that a new road is being constructed over Khasra No. 49, Mr. Pradhan asserted that road is existing on Khasra Nos. 48 and 49 and that is what is being repaired and strengthened. With reference to page No. 129 of the writ petition, which is a map, it was pointed out that curved road wherein Khasra No. 48 is written, there is no road. The order further goes to show that Mr. Manoj Jain, Sub Divisional Officer, PWD, who was present in the Court, had submitted that the portion of road in Khasra No. 49 is in existence for at least more than last 20 years and there is no road with regard to the aforesaid portion in Khasra No. 48. In other words, he submitted that there are no two roads. Mr. Jain also submitted that the note indicating a road in Khasra No. 48 is wrongly depicted as physically, there is no road in existence over Khasra No. 48 on the field in some portion and the road also goes over Khasra No. 49.