Narayan Das Saddani v. Union Of India

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1210 of 2019 • Narayan Das Saddani S/o Tota Das Aged About 69 Years C/o Raj Mahal Restaurant, S-26/27 Gate No.10, Cloth Market, Pandri Raipur, Chhattisgarh ---- Petitioner

Versus

1. Union Of India Through The Secretary, Ministry Of Road, Transport And Highways New Delhi- 110001

2. National Highway Authorities Of India Through The Project Director, Project Implementation Unit, 5196 Behind Bti College, Shankar Nagar, Raipur, Chhattisgarh

3. The Competent Authority Cum Sub Divisional Magistrate (Rev.) Raipur, Chhattisgarh ---- Respondents For Petitioner :

Shri Prafull N. Bharat, Advocate For Respondent No.1 :

Shri Bhupendra Singh, Advocate For Respondent No.2 :

Ms. Smita Jha, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 01/04/2019

1. Heard.

2. Learned counsel for the petitioner would submit that despite there being a land acquisition award in favour of the petitioner and other land holders under the provisions of the National Highways Act, 1956 on 18.07.2016, the amount of compensation has not been disbursed to the petitioner.

3. Considering that more than 2 years have elapsed since passing of the award, the writ petition is disposed of with direction that respondent No.2 National

Highway Authorities of India and respondent No.3 shall disburse the amount of the award to the petitioner within a period of 6 weeks from the date of submission of representation by the petitioner along with certified copy of this order.

4. It is made clear that if the amount is not disbursed to the petitioner during subsistence of the award against them for acquiring the subject land, the petitioner may be held entitled to award of interest on and from 18.07.2016 till its payment.

Sd/- Sanjay K. Agrawal Judge Ashu