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High Court Of ChhattisgarhWPC/2586/2019disposed off

Kalam Singh v. State Of Chhattisgarh

2019-07-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2586 of 2019 • Kalam Singh, S/o Shri Jagat Singh, Aged About 40 Years, Caste Kanwar, R/o Village Kedma, Police Station And Tahsil Udaipur, District Surguja Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Revenue Department, Mantralaya, Atal Nagar, Raipur District Raipur Chhattisgarh.

2. The Collector, Surguja, District Surguja Chhattisgarh.

3. The Sub Divisional Officer (Revenue), Cum Prescribed Authority, Land Acquisition, Ambikapur, District Surguja Chhattisgarh.

4. The Chief Engineer / Executive Engineer, Public Works Department, National Highway Area, Pensionbada, Raipur District Raipur Chhattisgarh.

5. The Upper Commissioner, Surguja Division, Ambikapur, District Surguja Chhattisgarh.

---- Respondents For Petitioner :

Shri Pushpendra Kumar Patel, Advocate For Respondent/State :

Shri Anand Verma, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/07/2019 Heard

1. Learned counsel for the petitioners submits that initially the land was acquired on 16/09/2016 and the award was subsequently passed under the National Highways Act, 1956 ( hereinafter referred to as 'the Act of 1956') on 17/10/2016. The petitioners being aggrieved by such award, they referred the issue to the Arbitrator under Sub Section 5 of Section 3G of the Act of 1956 wherein the amended award was

passed by the Arbitrator on 25/10/2017. However, no interest was awarded from the date of acquisition i.e. from 16/09/2016. Learned counsel further submits that at present the petitioners may be given liberty to make a representation to the Respondent No.5 so that the issue of interest may be decided.

2.

Without going into the merits of this case, it is directed that if the representation is made by the petitioners within a period of 30 days from today, same may be decided within a further period of 60 days from the date of representation.

3.

With the above observation, the petition is disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti