Shekho Ram Sahu v. State Of Chhattisgarh

-1HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1939 of 2021

1. Shekho Ram Sahu S/o Brijlal Aged About 61 Years R/o Village Bhathagaon, Tahsil Kurud, District Dhamtari Chhattisgarh

2. Smt. Ramsheela Bai Sahu Wd/o Tejram Aged About 46 Years R/o Village Bhathagaon, Tahsil Kurud, District Dhamtari Chhattisgarh

3. Sitendra S/o Tejram Aged About 30 Years R/o Village Bhathagaon, Tahsil Kurud, District Dhamtari Chhattisgarh

4. Devendra @ Devkumar S/o Tejram Aged About 26 Years R/o Village Bhathagaon, Tahsil Kurud, District Dhamtari Chhattisgarh

5. Smt. Tameshwari Sahu D/o Tejram W/o Kamlesh Sahu Aged About 31 Years R/o Ward No. 16, Sinha Para, Kareli Badi, Dhamtari, 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 :

Mr. Govind Dewangan, Advocate For State/Respondents :

Mr. Siddharth Dubey, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order 08.06.2021 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 had a certain portion of land bearing Khasra No. 1221 admeasuring 0.0262 hectare situated at village Bhathagaon Tahsil Kurud, District Dhamtari C.G. which has been acquired by the authorities for the construction and widening of the national highways and the acquisition has been

-2done invoking the provisions of the National Highways Act. The compensation also has been determined under Section 3G of the National Highways Act, 1956.

3. He 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 respondents 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 respondents 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 Vishakha