Sagar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2450 of 2021 Sagar S/o Ramesh Agrawal, Aged About 35 Years R/o. Village Bhatagaon, Tahsil Kurud, District Dhamtari District : Dhamtari, Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar New Raipur, District Raipur District : Raipur, Chhattisgarh

2. Collector, District Dhamtari District : Dhamtari, Chhattisgarh

3. Sub Divisional Officer (Revenue) - Cum - Competent Authority National Highway No. 30 (Old No. 43) Kurud, District Dhamtari, District : Dhamtari, Chhattisgarh --- Respondents For petitioner - Shri Govind Prasad Devangan, Advocate. For State - Shri Gagan Tiwari, Dy. Govt. Advocate with Mr. P. Acharya, PL. Hon'ble Shri Justice Goutam Bhaduri Order 22-06-2021 Heard.

1. The grievance of the petitioner 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 petitioner, he has certain portion of land bearing Khasra No.1188 admeasuring 0.970 hectares in village Bhatagaon, Tahsil Kurud, Distt. Dhamtari (C.G) which have been acquired by the authorities for the construction and widening of the national highways and the acquisition has been done invoking the provisions of the National Highways Act. The compensation also has been determined under Section 3G of the National Highways Act, 1956.

3. Counsel for the petitioner further submits that he has received 50% of the compensation as quantified by the authorities. However, thereafter in spite of repeated approach being made by the petitioner to the authorities the balance amount has not been been released.

4. State counsel submits at this juncture that subject to verification of payment part, the writ petition can be disposed of directing respondents 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 respondent nos. 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 records the balance of amount, if any payable be released to the petitioner 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 Rao