Smt. Sashi Patre v. National Highways Authorities Of India Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3020 of 2016

1. Sushil Kumar Patre S/o Ganga Prasad Patre, Aged About 57 Years

2. Smt. Triveni Suman D/o Heeraram Suman, Aged About 36 Years Both R/o Vill. & Post Darrighat, Tahsil Masturi, District Bilaspur (Chhattisgarh) ---- Petitioners

Versus

1. National Highways Authorities Of India Limited Through Project Director, V I P Estate, Shankar Nagar, Raipur (Chhattisgarh)

2. The Sub Divisional Officer (Rev.) Bilaspur (Chhattisgarh) ---- Respondents And WPC No. 3025 Of 2016 • Smt. Sashi Patre W/o Shri Sudhakar Patre Aged About 32 Years R/o Village & Post Darrighat, Tahsil- Masturi, District- Bilaspur, Chhattisgarh ---- Petitioner Vs

1. National Highways Authorities Of India Limited Through- Project Director, Vip Estate, Shankar Nagar, Raipur, Chhattisgarh

2. The Sub Divisional Officer (Rev.) Bilaspur, Chhattisgarh ---- Respondents For Petitioners :

Shri Keshav Dewangan, Advocate For Respondent No.1 :

Ms. Fouzia Mirza, Advocate For Respondent No.2 :

Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 08/12/2016

1. Petitioners' lands at village Darrighat, Tahsil Masturi, District Bilaspur have been acquired for construction/widening of National Highway No.200 (new National Highway No.49). Petitioners have already received compensation determined by the competent authority, however, they are not satisfied with the adequacy of compensation, therefore, they have raised a dispute seeking higher compensation which is to be adjudicated by the arbitrator appointed under Section 3G (5) of the National Highways Act, 1956 (for short 'the Act, 1956').

2. In the present petitions, petitioners are seeking direction to the respondents to appoint arbitrator under Section Section 3G (5) of the Act, 1956.

3. Ms. Fouzia Mirza, learned counsel appearing for respondent No.1 would submit that by notification issued by the Government of India, Ministry of Road Transport and Highways on 5th September, 2016, the Additional Commissioner, Bilaspur Division, Bilaspur has been appointed as arbitrator for adjudicating the dispute under Section 3G (5) of the Act, 1956 concerning the land falling in Bilaspur in Masturi Tehsil.

4. In view of the notification dated 5th September, 2016, no direction is required to be issued in this regard. If the petitioners so desire, they may raise dispute before the arbitrator within a period of one month from today.

5. Accordingly, the both the writ petitions stand disposed of. Sd/- Judge Prashant Kumar Mishra Ashu