Anand Khedia v. Union Of India

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2675 of 2021

1. Anand Khedia S/o - Late Radheshyam Khedia Aged About 53 Years

2. Murli Khedia S/o - Late Radheshyam Khedia Aged About 50 Years

3. Vinod Khedia S/o- Late Radheshyam Khedia Aged About 48 Years

4. Balmukund Khedia S/o- Late Radheshyam Khedia Aged About 45 Years

5. Vyenkteshwar Khedia S/o- Late Radheshyam Khedia Aged About 45 Years All are R/o - A-30, Rama Life City Sakri, Police Station - Sakri, Tahsil - Takhatpur, District - Bilaspur (Chhattisgarh), ---- Petitioners

Versus

1. Union Of India Through The Secretory, Department Of Road, Transport And Highways, 5th Floor, Transport And Highways, 5th Floor, Transport Bhawan - 1, Parliament Street, New Delhi, Delhi -11001,

2. Authorized Officer (Land-Acquisition) Cum Sub-Divisional Officer (Revenue) Bilaspur, Tahsil And District - Bilaspur (Chhattisgarh),

3. Project Director National Highways Authorities Of India, Project Operation Unit, Abhilasha Parisar, New Bus Stand Bilaspur, Tahsil And District - Bilaspur (Chhattisgarh),

4. Commissioner / Arbitrator Bilaspur Division Bilaspur, Tahsil And District - Bilaspur (Chhattisgarh), ---- Respondents For Petitioner :

Mr. Ratnesh Kumar Agrawal, Advocate For State :

Mr. Rahul Jha, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 05.07.2021 1.

Heard 2.

Learned counsel for the petitioner submits that against the compensation award for construction of the road, the petitioner being aggrieved with the quantum had approached to the Arbitrator under Section 3G of the National Highways Act 1956 (hereinafter referred as 'the Act of 1956') and the was proceeding commenced on 04.05.2019. He submits that thereafter the Arbitrator, who is the Commissioner Bilaspur i.e. respondent No. 4, sought for certain clarification from the Patwari which too was submitted in the year 2019 by Annexure P/5. It is stated that thereafter also

the petition is pending, therefore the Arbitrator-Commissioner i.e. respondent No. 4 may be directed to conclude the proceeding within a stipulated time. 3.

Learned State counsel submits that the case of the petitioner would be decided as early as possible.

4.

Considering the fact and the limited prayer which is made, only adjudication of proceeding under Section 3G of the Act of 1956 has been sought for and the document shows that the proceeding was commenced on 04.05.2019, therefore under these circumstances, the Arbitrator/ Commissioner Bilaspur Division is directed to decide the proceeding under Section 3G of the Act of 1956 within a further period of three months from the date of receipt of copy of this order. 5.

With the aforesaid observation/ direction, the writ petition stands disposed off. Sd/- (Goutam Bhaduri) JUDGE Vishakha