Neelmani Chandraker v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 4655 OF 2019 1.

Neelmani Chandraker S/o Late Shri Sohanlal Chandraker, Aged About 57 Years, R/o A-5, Panchwati, Government High School Road, At- Ratnabandha, Dhamtari, District- Dhamtari, Chhattisgarh.

2.

Chandrahas Chandraker S/o Late Shri Sohanlal Chandraker, Aged About 60 Years, R/o A-5, Panchwati, Government High School Road, At- Ratnabandha, Dhamtari, District- Dhamtari, Chhattisgarh.

... Petitioners versus 1.

State of Chhattisgarh, through the Secretary, Revenue and Public Works Department, Mahanadi Bhawan, Naya Raipur (CG) 2.

Sub Divisional Officer cum Land Acquisition Officer, Dhamtari (CG) 3.

National Highway Authority of India, through its Project Director, Pariyojna Karyanavyan Ekai, A/7, VIP Estate, Shanker Nagar, Raipur (CG)... Respondents For Petitioners :

Mr. Rakesh Dubey, Advocate.

For Respondents 1 & 2 :

Mr. V.R. Tiwari, Addl. Advocate General.

For Respondent 3 :

Mr. Raj Kumar Gupta, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19/12/2019 1.

Grievance of the Petitioners in the instant writ petition is that they have not been released with all the entire compensation that they are otherwise entitled for against the land belonging to them which has been acquired by the Respondents for the constructions of the National Highway No.30/43 in terms of the award dated 18.6.2016.

2.

According to the Petitioners, the total compensation awarded in their favour was Rs.62,39,834/- out of which they have been released with only Rs.52,77,464/- and, according to them, there is still a balance of more than Rs.9,00,000/- payable to them.

3.

The Petitioners have brought on record the additional document dated 25.11.2019 which has been issued by Respondent No.3 whereby they have intimated that the entire amount awarded of Rs.62,39,834/- in respect of the Petitioners' land has already been deposited with the concerned authorities. 4.

In the light of the document dated 25.11.2019 passed by Respondent No.3, this Court is of the opinion that no fruitful purpose would be served in keeping the present writ petition pending, rather, ends of justice would meet if the petition itself is disposed of, directing the Respondent No.2 to ensure that the actual amount awarded in favour of the Petitioners is released to them at the earliest, within a

period of 60 days from today, failing which, the entire amount awarded shall carry interest at the rate of 10% per annum from the date the amount fell due till the payment is actually made, or unless the Respondents hold that the Petitioners are not entitled for the balance of amount for any specific reasons. 5.

The writ petition accordingly stands disposed of with the aforesaid direction.

Sd/- (P. Sam Koshy) /sharad/ JUDGE