Chhattisgarh HC Quashed Raigarh Land Restriction Order, No Restriction Without Acquisition, Compensation

The Chhattisgarh High Court has ruled that the Government cannot restrict the use of private land without first acquiring it and paying due compensation. Setting aside a 2005 order issued by the Raigarh Collector, the court held that imposing a ban on the sale, purchase and construction of land without following the legal acquisition process was arbitrary and unsustainable.

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Collector’s 2005 Order Was Quashed

The disputed order, issued on 4th February 2005, had prohibited the sale, purchase and construction of land falling within 100 feet of the centre line of the Raigarh–Raigarhpali, Raigarh–Kharsia, Raigarh–Sarangarh and Raigarh–Dharamjaigarh National Highways. The restriction had remained in force for years, affecting the rights of several landowners in the region.

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Court Relied on Earlier Verdict

During the hearing, the State argued that an earlier High Court judgment related to different petitioners and separate land parcels, and therefore could not automatically apply to the present case. However, counsel for the petitioners, led by Harikrishna Patel and others, referred to a coordinate Bench judgment dated 3rd February 2025, which had already examined the same order. Justice Amitendra Kishore Prasad observed that the State had failed to establish any substantial distinction warranting a different conclusion.

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Relief for Landowners

The court’s decision has came with relief to landowners whose properties had remained under development and transaction restrictions for nearly two decades without acquisition or compensation. The ruling reinforces the principle that authorities cannot curtail property rights indefinitely unless the land is acquired in accordance with law and compensation is paid to the affected owners.

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