Shankar Lal Kaushik v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1767 of 2018
1. Devi Prasad Kaushik S/o Late Shri Badriprasad, Aged About 42 Years, R/o Village And Post Hardikala (Tona), Tahsil And Block Bilha, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
2. Kheduram, S/o Late Shri Badriprasad, Aged About 52 Years, R/o Village And Post Hardikala (Tona), Tahsil And Block Bilha, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
3. Shankar Lal, S/o Late Shri Badriprasad, Aged About 38 Years, R/o Village And Post Hardikala (Tona), Tahsil And Block Bilha, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary Public Works Department (B/R), Mantralaya Mahanadi Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Collector Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
3. Land Acquisition Officer/sub Divisional Officer (Revenue), Bilha, District Bilaspur Chhattisgarh.
4. Sub Divisonal Officer (Revenue) Bilaspur, District Bilaspur Chhattisgarh.
5. Executive Engineer, Public Work Department (Bh/S) Division No. 1, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents WPC No. 1769 of 2018 Shankar Lal Kaushik S/o Late Shri Badriprasad Aged About 38 Years R/o Village And Post Hardikala ( Tona ) Tahsil And Block Bilha, District Bilaspur Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary Revenue Department Mantralaya , Mahanadi Bhawan Naya Raipur Chhattisgarh.
2. Collector, Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
3. Land Acquisition Officer / Sub Divisional Officer (Revenue) Bilha District
Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
4. Sub Divisional Officer (Revenue) Bilaspur District Bilaspur Chhattisgarh.
5. Executive Engineer / Project Administrative , N H I , D - 61 Behind Hi - Tech Bus Station Tifra, Abhilasha Premises, Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents And WPC No. 1773 of 2018 Smt. Kanti Bai Kaushik, widow of Late Shri Badriprasad, aged about 70 years, R/o Village And Post Hardikala (Tona) Tahsil And Block Bilha, District Bilaspur Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary Revenue Department Mantralaya , Mahanadi Bhawan Naya Raipur Chhattisgarh.
2. Collector, Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
3. Land Acquisition Officer / Sub Divisional Officer (Revenue) Bilha District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
4. Sub Divisional Officer (Revenue) Bilaspur District Bilaspur Chhattisgarh.
5. Executive Engineer / Project Administrative , N H I , D - 61 Behind Hi - Tech Bus Station Tifra, Abhilasha Premises, Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For Petitioners :
Mr. Shashi Kumar Kushwaha Advocate.
For Respondents / State :
Mr. Arun Sao, Dy. Advocate General.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/07/18 1.
Learned counsel for the petitioners would submit that though petitioners' land has been acquired by the National Highways Authority of India for construction of road but reasonable and sufficient compensation has not been paid to them till date.
2.
Be that as it may, the petitioners are at liberty to make an application before the Arbitrator for enhancement of compensation in accordance with the provisions contained under Section 3(G)(5) of the National Highways Act, 1956. If such an application is filed by the petitioners then the learned Arbitrator shall decide the same expeditiously, preferably within a period of three months from the date of receipt of copy of this order, as the case of the petitioners is of the year 2013.
3.
With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).
SD/- (Sanjay K. Agrawal) Judge Priyanka