Disposed

Smt. Mongra Bai v. State of Chhattisgarh

Chhattisgarh HC2 Dec 2021WPC/4814/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a writ petition challenging a land acquisition award under the National Highways Act, 1956. The Court acknowledged the remedy under Section 3g(5) of the Act but directed the Respondent, the Sub Divisional Officer, to decide the pending representation on compensation at the earliest without adjudicating merits.

What did the court decide?

Petitioner granted liberty to approach appropriate authority under National Highways Act; direction to Respondent No.3 to decide pending representation on compensation.

Smt. Mongra Bai Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No.4814 of 2021

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Smt. Mongra Bai D/o Punaram Aged About 65 Years Resident Of Village Pantora , Tahsil Baloda, District : Janjgir-Champa, Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgah.

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2. The Collector Janjgir, District Janjgir Champa Chhattisgarh.

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3. The Sub Divisional Officer (Revenue)/Land Acquisition Officer, Janjgir, District Janjgir Champa, Chhattisgarh.

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4. The National Highway Authority, Through The Project Director, Project Implementation Unit, Bilaspur, Abhilasha Parisar, Behind New Bus Stand, Tifra, Bilaspur Chhattisgarh.

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For Petitioner	:	Mr. G.L. Uike, Advocate
For Respondent- State	:	Ms. Shreya Mishra, PL
For Respondent No.4	:	Mr. Ali Asgar, Advocate

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S.B. - Hon'ble Shri Justice Rajendra Chandra Singh Samant

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Order On Board

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02.12.2021

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1. Heard on petition.

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2. It is submitted that the petitioner is a land owner whose land has been acquired by the respondent authorities for construction of National Highway 30 (A). The compensation has been determined vide award dated 09.10.2020. The petitioner is not satisfied with the award, therefore, he has filed a representation before the Respondent No.3 and the same is remaining pending without any consideration, hence, appropriate direction be issued to the Respondent No.3.

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3. State counsel represented Respondents No. 1 to 3 opposes the submission.

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4. Counsel for the Respondent No.4 submits that the petitioner has remedy available under Section 3g(5) of the National Highways Act, 1956, therefore, respondent No.3 is not the authority who can grant any relief to the petitioner, therefore the petition may be disposed off.

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5. After considering on the submission and keeping in view the provision under Section 3g(5) of the National Highways Act, 1956, the petitioner is granted liberty to make petition under the above mentioned Act before the appropriate authority. However, the representation made by the petitioner is unanswered by the Respondent No.3, therefore, the Respondent No.3 is directed to take decision on the same at the earliest in accordance with law.

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6. With the aforesaid observation/direction, the writ petition stands disposed off.

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7. It is made clear that no observation has been made on merits in deciding the writ petition.

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Sd/- (Rajendra Chandra Singh Samant) Judge

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yasmin

Smt. Mongra Bai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Mongra Bai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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