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HC Orders Railways to Pay Restoration Costs for Misuse of Private Land

Case Law Details

TaxGuru Citation
2026 taxguru.in 4447
Case Name
Badrivishal Gupta Vs State of Chhattisgarh Through Its Secretary (Chhattisgarh High Court)
Date of Judgement/Order
Only available for paid members
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Badrivishal Gupta Vs State of Chhattisgarh Through Its Secretary (Chhattisgarh High Court)

The Chhattisgarh High Court adjudicated a writ petition filed under Article 226 of the Constitution of India seeking quashing of an order dated 16.03.2026 and compensation for alleged misuse of private agricultural land by railway authorities. The petitioner claimed ownership of land measuring 1.40 hectares and contended that the respondents had used the land for storing railway materials such as cemented sleepers and ballast for several years, thereby preventing its use and affecting soil fertility.

The petitioner submitted that despite representations and earlier directions of the Court, no compensation had been granted. It was further contended that due to prolonged use of the land, its nature and fertility were adversely affected, requiring restoration work using machinery, for which bills amounting to ₹1,14,950 and ₹95,040 were placed on record. The petitioner sought reimbursement of these expenses and liberty to pursue further compensation for loss of crops.

The respondents disputed the duration of alleged misuse and questioned the validity of the petitioner’s claims, including the absence of GST details in the submitted bills. However, the Court noted that the respondents had admitted in their own order that the petitioner’s land had been used and was vacated on 07.11.2025. This admission was supported by a report of the Revenue Inspector and a resolution of the Gram Panchayat.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,002

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