High Court Of ChhattisgarhWPC/3175/2018disposed off

Amit Barwad (Kasar) v. Union Of India

2018-12-12Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3175 of 2018

1. Amit Barwad (Kasar) S/o Late Shri Sharad Chand Barwad (Kasar) Aged About 38 Years R/o- Ward No. 20, College Road, Mahavir Colony, Mahasamund, Tahsil And District- Mahasamund, Chhattisgarh

2. Sumit Barwad (Kasar) S/o Late Shri Sharad Chand Barwad (Kasar) Aged About 30 Years R/o- Ward No. 20, College Road, Mahavir Colony, Mahasamund, Tahsil And District- Mahasamund, Chhattisgarh

3. Smt. Shilpa Barwad (Kasar) D/o Late Shri Sharad Chand Barwad (Kasar) Aged About 35 Years After Marriage Smt. Shilpa Verma, W/o Shri Nitin Verma, R/o- Flat No. 302, Kumar Pebbal Park, Near JSPM College, Handewadi Road, Pune (Maharashtra)

4. Smt. Kamini Barwad (Kasar) W/o Late Shri Sharad Chand Barwad (Kasar) R/o- Ward No. 20, College Road, Mahavir Colony, Mahasamund, Tahsil And District- Mahasamund, Chhattisgarh. ---- Petitioner

Versus

1. Union Of India Through- The Secretary, Ministry Of Road, Transport And Highways, Government Of India, Transport Bhawan, New Delhi

2. State Of Chhattisgarh Through the Secretary, Department Of Revenue, New Mantralaya, New Raipur, Chhattisgarh

3. National Highway Authority Of India Through- Its Project Director, National Highway No. 06 (New National Highway No. 53), Project Implementation Unit, House No. A-7, VIP Estate Shankar Nagar, Raipur, Chhattisgarh

4. The Project Director DGM(T), National Highway Authority, Rest Area (Ghodari), National Highway No. 06 (New National Highway No. 53), Project Implementation Unit- Dhamtari, Gulmohan Vatika, Rudri Road, Dhamtari, District- Dhamtari, Chhattisgarh

5. Collector District- Mahasamund, Chhattisgarh

6. Upper Collector Mahasamund, Chhattisgarh ( Notified Arbitrator Under Section 3 (G)(5) Of the National Highway Act, 1956)

7. Sub Divisional Officer (Rev) Mahasamund (Competent Land

Acquisition Officer Under The National Highway Act, 1956) ---- Respondent For Petitioner Mr. AN Bhakta, Advocate For Respective Respondents B. Gopakumars, Assistant Solicitor General Mrs. Astha Shukla, Panel Lawyer and Mrs. Fouzia Mirza, Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 12/12/2018

1. Heard.

2. Admittedly, the petitioner's claim/objection for enhancement of the amount of compensation is pending consideration before respondent No.6, who is an arbitrator appointed under Section 3 G (5) of the National Highway Act, 1956.

3. Let respondent No.6 consider the petitioner's claim/objection in accordance with law while deciding the matter on merits.

4. Let it be done within 3 months from today.

5. The writ petition is accordingly disposed of. Sd/- (Prashant Kumar Mishra) Judge Shyna