Ghasiram v. Union Of India

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 2364 of 2021

1. Ghasiram S/o Mahettar Aged About 69 Years R/o Village Belmundi Tehsil Takhatpur, District Bilaspur Chhattisgarh.

2. Ramcharan S/o Mahettar Aged About 58 Years R/o Village Belmundi Tehsil Takhatpur, District Bilaspur Chhattisgarh.

3. Manharan S/o Mahettar Aged About 44 Years R/o Village Belmundi Tehsil Takhatpur, District Bilaspur Chhattisgarh.

4. Shivcharan S/o Mahettar Aged About 51 Years R/o Village Belmundi Tehsil Takhatpur, District Bilaspur Chhattisgarh.

--- Petitioners

Versus

1. Union of India through Ministry of Road Transport and Highways, Transport Bhawan, 1 Parliament Street, New Delhi 110001., District : New Delhi, Delhi

2. Collector Bilaspur, District Bilaspur Chhattisgarh.

3. Competent Officer (Land Acquisition) and Sub-Divisional Officer (Revenue) Bilaspur District Bilaspur Chhattisgarh.

--- Respondents 17.06.2021 Mr. Kamal Kishore Patel, counsel for the petitioners. Mr. Siddharth Dubey, Govt. Advocate for the State. Learned counsel for the petitioners would submit that by notification dated 20th August, 2015, the First, Second & third Schedule of the The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 were made applicable in cases of land acquisition for construction of national highways and since the award was passed on 01.06.2018, the petitioner was also entitled to get the benefit under that notification, which would have enhanced commenced compensation.

Since the award was passed on 01.06.2018 after notification of 20th August, 2015 learned counsel for the petitioners wants to

withdraw the petition with liberty to approach the arbitrator in terms of section 3G(5) of the National High Way Act. As prayed, this writ petition is dismissed as withdrawn with the aforesaid liberty.

The petitioners may approach the competent authority within a reasonable time.

Sd/- GOUTAM BHADURI JUDGE R a o