High Court Of ChhattisgarhWPC/2009/2021disposed off

Ram Khilawan Kurrey v. Competent Authority Cum Land Acquisition Officer

2021-06-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2009 of 2021 Ram Khilawan Kurrey S/o Late Jeth Ram Kurrey Aged About 61 Years R/o Ward No. 12, Shanti Nagar, Tifra, DistrictBilaspur,Chhattisgarh. --- Petitioner

Versus

1. Competent Authority Cum Land Acquisition Officer The Sub Divisional Officer(Revenue), Bilaspur, District- Bilaspur, Chhattisgarh.

2. South East Central Railway Through General Manager , New Zonal Building, Bilaspur, Chhattisgarh. Pin-495004.

3. Deputy Chief Engineer (Survey And Construction) South East Central Railway New Zonal Building, Bilaspur, Chhattisgarh Pin- 495004.

---- Respondents For the Petitioners : Mr. Ankit Pandey, Advocate For the State/R-2 & R-3 : Mr. R. S. Patel, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .06.2021

1. Learned counsel for the petitioner submits that the land of the petitioner has been acquired and despite that, adequate compensation has not been paid and he has been dispossessed. It is further submitted that the land was acquired by the Railways and the award has been passed.

2. Counsel for the respondents would submit that if the petitioner is not satisfied with the quantum of compensation, he may approach the Arbitrator under section 20F of The Railways Act, 1989. He submits that the arbitrator has been appointed on 14.07.2020.

3. Learned counsel for the petitioner also do not dispute the

fact that the arbitrator has been appointed and he may be given liberty to approach the Arbitrator.

4. As per section 20 subsection (6) of the Railways Act, 1989, the petitioner may approach the Arbitrator by filing a suitable application and as stated by counsel for the parties, the Commissioner, Bilaspur Division is already appointed as arbitrator.

5. In view of such submission of the parties and since the award has been passed, the petitioner may avail the remedy u/s 20F sub-section (6) of The Railways Act, 1989 within a further period of 45 days from the date of receipt of this order to refer the matter to the Arbitrator.

6. With such observation, this writ petition stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o