High Court Of ChhattisgarhWPC/662/2019disposed off

Mansharam Meghani v. Union Of India

2019-02-25Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 662 of 2019

1. Mansharam Meghani S/o Late Shri Barunomal Aged About 52 Years

2. Sushil Meghani S/o Late Shri Barunomal Aged About 54 Years

3. Pampon Devi Medhani W/o Late Shri Barunomal Aged About 75 Years All are R/o Prem Kunj, Civil Line, Raipur Tehsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. Union Of India Through Secretary, Ministry Of Road Transport And Highways, New Delhi

2. National Highway Authorities of India, Through Project Director, Project Implementation Unit, 5196, Behind B T I College, Shankar Nagar, Raipur District Raipur Chhattisgarh

3. The Land Acquisition Officer-Cum- Sub Divisional Officer (Revenue) Raipur Chhattisgarh, District Raipur Chhattisgarh ---- Respondent For Petitioners Mr. Sunil Otwani, Advocate For Respondent / National Highway Mr. Naveen Shukla, Advocate Authorities of India For Respondent/ State Mr. Avinash Singh, Panel Lawyer Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 25/2/2019

1. Heard.

2. Learned counsel for the petitioners would submit that despite there being a land acquisition award in favour of the petitioners and other land holders under the provisions of the National Highways Act, 1956 on 23.1.2017, the amount of compensation has not been disbursed to the petitioners.

3. Considering that more than 2 years have elapsed since passing of the award, the writ petition is disposed of with direction that respondents 2 National Highway Authorities of India and respondent No.3 Land Acquisition Officer, shall disburse the amount of the award to the petitioners within a period of 6 weeks from the date of submission of representation by the petitioners along with certified copy of this order.

4. It is made clear that if the amount is not disbursed to the petitioners during subsistence of the award against them for acquiring the subject land, the petitioners may be held entitled to award of interest on and from 23.1.2017 till its payment. Sd/- (Prashant Kumar Mishra) Judge Shyna