Dayaram Jeswani v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1529 of 2019

1. Dayaram Jeswani, S/o Late Veerumal Jaswani, Aged About 64 Years

2. Suresh Chandra Jeswani, S/o Late Shri Ramchandra Jeswani, Aged About 63 Years

3. Vishandas Jeswani, S/o Late Veerumal Jeswani, Aged About 60 Years

4. Mohanlal Jeswani, S/o Late Veerumal Jeswani, Aged About 57 Years

5. Atamaram Jeswani, S/o Late Shri Ramchandra Jeswani, Aged About 62 Years

6. Ghanshyam Jeswani, S/o Late Shri Ramchandra Jeswani, Aged About 60 Years All are R/o Daga Building, Civil Line, Raipur, Tehsil And District Raipur Chhattisgarh.

---- Petitioners

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 (Rev) Raipur, Chhattisgarh, District Raipur Chhattisgarh.

---- Respondents For Petitioner :

Shri Sunil Otwani, Advocate For Respondent/State :

Shri Rahul Jha, Government Advocate For Respondent No.2 :

Shri Navin Shukla, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 18/07/2019

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 @ 9% per annum on and from 23.1.2017 till its payment. Sd/- (Goutam Bhaduri) Judge Jyoti