Tularam Kanwar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1105 of 2021

1. Tularam Kanwar, S/o. Late Jagtu Ram Kanwar, Aged About 31 Years

2. Smt. Kunti Bai, Wd/o. Late Jagtu Ram Kanwar, Aged About 54 Years

3. Falesh Kanwar, S/o. Late Jagtu Ram Kanwar, Aged About 28 Years All are R/o. Village- Dandesara, Tahsil- Kurud, District- Dhamtari, Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Revenue Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.

2. Collector, District Dhamtari Chhattisgarh.

3. Sub Divisional Officer (Revenue) -Cum- Competent Authority, National Highway No. 30 (Old No. 43) Kurud, District Dhamtari Chhattisgarh. ---- Respondents For Petitioner :

Shri Govind Dewangan, Advocate For State :

Shri Aditya Tiwari, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 25.02.2021 Heard

1. The grievance of the petitioners in the present writ petition is the inaction on the part of the respondents in not releasing the entire amount of compensation as determined under the provisions of Section 3G of the National Highways Act, 1956.

2. According to the petitioners they have certain portion of land bearing Khasra No.406/2 admeasuring 0.0150 hectare situated at village Dandesara Tahsil Kurud, District Dhamtari which have been acquired by the authorities for the construction and widening of the national highways and the acquisition has been done invoking the provisions of the National highways Act. The compensation also has been determined under Section 3G of the National Highways Act, 1956.

3. Counsel for the petitioners further submits that they have received 50% of the compensation as quantified by the authorities. However, thereafter in spite of repeated approach being made by the petitioners to the authorities the balance of amount has not been released.

4. State counsel submits at this juncture that subject to verification of the payment part, the writ petition can be disposed of directing the respondent No.2 & 3 to take steps in ensuring that balance of amount payable to the petitioners, if any, should also be released at the earliest.

5. With the aforesaid submissions, the writ petition stands disposed of with a direction to the respondent No.2 & 3 to scrutinize and verify the claim of the petitioners so far as demand of balance of amount is concerned.

6. Subject to the verification of the facts from the records the balance of payment, if any payable be released to the petitioners at the earliest preferably within a period of 90 days from today.

7. With the aforesaid observations, the writ petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Aks