Balram Prasad v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1917 of 2018 1.
Balram Prasad, S/o Late Maheshram, aged about 40 years, 2.
Ramchandra, S/o Late Maheshram, aged about 36 years, 3.
Laxman Prasad, S/o Late Maheshram, aged about 30 years, All are residents of Village Sukli, Tahsil Janjgir, District Janjgir-Champa (C.G.) ----Petitioners.
Versus
1.
State of Chhattisgarh, through : the Secretary, Revenue Department, Mahanadi Bhwan, Naya Raipur, District Raipur (C.G.) 2.
Union of India, through Secretary, Ministry of Road Transport and Highway, Transport Bhawan Parliament Sreet, New Delhi. 3.
Chief Engineer, Public Works Department, National Highway Circle, Naya Raipur (C.G.) 4.
Collector, Janjgir-Champa, Distrtict Janjgir-Champa (C.G.) 5.
Sub Divisional Officer (Revenue), Sub-Division Champa, District JanjgirChampa (C.G.) 6.
Sub Divisional Officer, Public Works Department, National Highway, SubDivision Bilaspur, District Bilaspur (C.G.) ---- Respondents For Petitioners : Smt. Meena Shastri, Advocate For State : Shri Anand Dadariya, Dy. Govt. Advcocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 13/07/2018 (1) Counsel for the petitioner would submit that the petitioners' land has been acquired under the provisions of The National Highways Act, 1956 (henceforth Act, 1956") and award has been passed but the proper and requisite compensation has not been paid and less compensation has been paid to the petitioners, against which instant writ petition has been filed questioning the same.
(2) I have heard learned counsel appearing for the petitioners. (3) The petitioners' land has been acquired under the provisions of The National Highways Act, 1956 and against the award for claiming higher compensation, the petitioner has a remedy to approach before the Arbitrator under Section 3G(5) of the Act, 1956.
(4) With the aforesaid observations, the writ petition stands finally disposed of. However, the petitioner is at liberty to approach before the Arbitrator for determination of proper compensation in accordance with law. Sd/- (Sanjay K. Agrawal) Judge D/-