← Library
High Court Of ChhattisgarhWPC/3295/2019disposed off

Ramnath v. State Of Chhattisgarh

2019-09-19Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3295 of 2019 Ramnath, S/o. Avadh Ram, Aged About 47 Years, R/o. Village - Sakreli, (Naya Baradwar), Tahsil - Sakti, District - Janjgir - Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Collector, Janjgir, District - Janjgir - Champa Chhattisgarh

2. Executive Engineer, National Highway, Bilaspur Division, Bilaspur, District - Bilaspur Chhattisgarh

3. The Sub Divisional Officer & Competent Authority, National Highway No. 200 (Naya 49), Champa, District - Janjgir- Champa Chhattisgarh

4. Upper Commissioner, Bilaspur Division, Bilaspur, District - Bilaspur Chhattisgarh.

---- Respondents For Petitioner :

Mr. Pushpendra Kumar Patel, Advocate For State :

Mr. Priyank Rathi, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 19.09.2019 Heard.

1.

The case of the petitioner is that his land was acquired for widening of the National Highway for which initially an award was passed on 30.07.2016; thereafter, the petitioner was not satisfied with the amount of award, as such, he referred the matter under Section 3G(5) of the National Highways Act, 1956 to the Arbitrator and the Arbitrator thereafter on 15.11.2017 has passed the award with a certain direction to evaluate the quantum of compensation. However, till date the said award has not been carried out, therefore, the petitioner submits that he has made a representation on 24.03.2018 to the S.D.O. and the S.D.O. till date has not complied the order of the Additional Commissioner, Bilaspur/ the Arbitrator, who has passed the

order.

2.

Perusal of the record would show that an award under Section 3G(5) of the National Highways Act has been passed by the Arbitrator on 15.11.2017 and certain directions have been issued. Therefore, the respondent No.3 is directed to comply with such order of award dated 15.11.2017 and evaluate the amount of compensation and pay the same to the petitioner. The said exercise may be carried out within a period of 60 days from the date of receipt of a copy of this order. It is further made clear that the petitioner shall be at liberty to claim the interest at an appropriate proceeding, if so advised, in future.

3.

With the aforesaid observation/ direction, the petition stands disposed of. Sd/- Goutam Bhaduri Judge ashok