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High Court Of ChhattisgarhWPC/2578/2019disposed off

Chanda Devi v. State Of Chhattigarh

2019-07-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2578 of 2019 • Chanda Devi, W/o Ishwar Chandra Agrawal, Aged About 52 Years, R/o Village- Agrasen Ward Nagar, Ambikapur, District - Surguja Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattigarh, 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 Chhattigsarh.

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

---- Respondents For Petitioner :

Shri Pushpendra Kumar Patel, Advocate For Respondent/State :

Ms. Richa Shukla, Deputy Government Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/07/2019 Heard

1. Learned counsel for the petitioner 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 petitioner being aggrieved by such award, he 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 petitioner 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 petitioner 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