Smt. Rukhmani Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 3897 OF 2019 • Smt. Rukhmani Dewangan, W/o Shri Prem Shankar Dewangan, age 51 years, R/o Village Rakshapali, Tahsil Kharsia, Dist. Raigarh (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Collector, Raigarh, Distt. Raigarh (CG) 2.

Executive Engineer, National Highway, Bilaspur Division, Bilaspur, District Bilaspur (CG) 3.

The Sub Divisional Officer (Revenue) cum Competent Authority, National Highway No. 200 (New 49), Champa, District Janjgir-Champa (CG) 4.

The Upper Commissioner, Bilaspur Division, Bilaspur, District Bilaspur (CG) ... Respondents For Petitioner :

Mr. Pushpendra Kumar Patel, Advocate.

For Respondent-State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/11/2019 1.

Case of the petitioner is that his land bearing Khasra No. 153/49 measuring 0.129 hectare, Patwari Halka No. 37, situated at Village Lodhajhar, Tahsil Kharsia, District Raigarh, was acquired by the respondents for the purpose of widening of N.H. No. 200 (New 49). The competent officer had initially awarded a compensation for an amount of Rs. 7,61,206/-. Dissatisfied with the aforesaid award, the petitioner filed an application before the Additional Commissioner, Bilaspur. Subsequently the order was forwarded to the Central Valuation Board which had partly allowed the appeal. However, till date the award has not been complied with. The petitioner has also made a representation to the authorities way back on 19.3.2018 but till date the same also has not been decided. 2.

From the contents of the writ petition, it appears that the Arbitrator appointed under the National Highways Act, 1956 has passed an award in his application 15.11.2017 and it is this award which has not yet been complied with or executed and the petitioner has till date not got the benefits in respect of the land belonging to him which has been acquired by the respondents. 3.

Given the said facts, this Court is of the opinion that no fruitful purpose would be served in keeping the present writ petition pending any further, rather ends of justice would meet if the same is disposed of with a direction to

respondent no.3 to ensure that the award passed in favour of the petitioner on 15.11.2017 is acted upon and complied with at the earliest and the compensation which the petitioner is entitled for be quantified and the same be paid to the petitioner at the earliest.

4.

Let this exercise be completed within an outer limit of 90 days from the date of receipt of copy of this order.

5.

With the aforesaid direction, the writ petition stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE