Bhagwati Sinha Vs Union of India — Chhattisgarh HC (2024) — LawSathi Research

Bhagwati Sinha Vs Union of India — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petitions disposed of with directions to the petitioners to raise their compensation disputes before the Commissioner (Arbitrator under Section 3G(5) of the National Highways Act, 1956) at the earliest, preferably within 2 weeks; the Commissioner to decide objectively by passing a speaking order.

Issue for consideration

Whether the compensation awarded to the petitioners for their properties acquired for construction of National Highway No. 43 (New NH No.30) from Kanker to Bedma Section is inadequate. +1 more

Ratio / Principle

Considering the nature of the claims raised by the petitioners and the fact that the claims can be decided only after due verification and scrutiny of the revenue records and physical verification of the actual acquisition done, this Court held that these matters need to be dealt with before the Commissioner under Section 3G(5) of the Act of 1956.

Key takeaways

Subject to the petitioners approaching the Commissioner, the Commissioner shall decide the dispute objectively by passing a speaking order; the petitioners were directed to raise their dispute before the Commissioner in accordance with law at the earliest, preferably within a period of 2 weeks.ratio¶82
With the aforesaid observations, all the writ petitions stood disposed of.ratio¶83

Detailed headnote1 paragraphs

Land Acquisition - National Highways Act, 1956 - Section 3G(5) - Inadequate compensation - Eight writ petitions (W.P.C. Nos. 23, 762, 768, 771, 773, 779, 800 and 819 of 2021) by landowners of Kanker district aggrieved by compensation assessed by respondent No.3 (Sub-Divisional Officer (R) and Land Acquisition Officer) as 'very much on the lower side' for properties acquired for construction of National Highway No. 43 (New NH No.30), Kanker to Bedma Section. Court noted the Section 3G(5) arbitration mechanism, recorded (per learned ASG) that the Commissioner of Jagdalpur Division has been appointed as Arbitrator, and held that the claims require due verification and scrutiny of revenue records and physical verification of actual acquisition. Petitioners directed to raise their disputes before the Commissioner at the earliest, preferably within 2 weeks; Commissioner to decide objectively by a speaking order. Writ petitions disposed of.

1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No.23 of 2021

Smt. Puna Bai Netam W/o Shri Agnu Ram Netam Aged About 82 Years R/o 127, Nh-30, Govindpur, Kanker, District North Bastar Kanker (Chhattisgarh), District : Kanker, Chhattisgarh

---- Petitioner

Versus

1. Union Of India Ministry Of Road, Transport And Highway, Through Chief Engineer, Public Works Department, National Highway Circle, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Collector District North Bastar Kanker (Chhattisgarh), District : Kanker, Chhattisgarh

3. Sub Divisional Officer (R) And Land Acquisition Officer Kanker, District North Bastar Kanker (Chhattisgarh), District : Kanker, Chhattisgarh

---- Respondents

WPC No. 762 of 2021

Sukhbati Sinha W/o Ramnath Sinha Aged About 55 Years R/o Grampanchayat Bhiravahi, Shitala Para, Bhiravahi, District Kanker, Chhattisgarh

---- Petitioner

Versus

1. Union Of India Ministry Of Road, Transport And Highway, Through Chief Engineer, Public Works Department, National Highway Circle, Raipur, Chhattisgarh

2. Collector District North Bastar Kanker, Chhattisgarh, District : Kanker, Chhattisgarh

3. Sub Divisional Officer (R) And Land Acquisition Officer, Kanker District North Bastar Kanker, Chhattisgarh

---- Respondents

WPC No. 768 of 2021

Bhagwati Sinha W/o Ramadhar Sinha, Aged About 66 Years R/o House No. 107, Manjhapara Bhirawahi, Kanker, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

---- Petitioner

Versus

1. Union Of India Ministry Of Road, Transport And Highway, Through Chief Engineer, Public Works Department, National Highway Circle, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

3. Sub Divisional Officer (R) And Land Acquisition Officer, Kanker, District North Bastar Kanker (Chhattisgarh), District : Kanker, Chhattisgarh

---- Respondents

WPC No. 771 of 2021

Manoj Kumar Yadav S/o Anjoriram Yadav Aged About 38 Years R/o

-2-

Grampanchayat Bhiravahi, Shitala Para , Bhiravahi, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

---- Petitioner

Versus

1. Union Of India Ministry Of Road, Transport And Highway , Through Chief Engineer, Public Works Department, National Highway Circle , Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

3. Sub Divisional Officer (R) And Land Acquisition Officer Kanker , District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

---- Respondents

WPC No. 773 of 2021

Jahid Khan S/o Ajij Ulla Khan, Aged About 41 Years R/o Manjhapara, Kanker, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

---- Petitioner

Versus

1. Union Of India Ministry Of Road, Transport And Highway, Through Chief Engineer, Public Works Department, National Highway Circle, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Collector, District North Bastar Kanker Chhattisgarh,, District : Kanker, Chhattisgarh

3. Sub Divisional Officer (R) And Land Acquisition Officer, Kanker, District North Bastar Kanker (Chhattisgarh), District : Kanker, Chhattisgarh

---- Respondents

WPC No. 779 of 2021

Pancham Ram Dhankar Charan Gadriya Aged About 60 Years R/o Village Thelkabod, Kanker, District Kanker Chhattisgarh, District : Kanker, Chhattisgarh

---- Petitioner

Versus

1. Union Of India Ministry Of Road, Transport And, Highway, Through Chief Engineer, Public Works Department, National Highway Circle, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Collector District North Bastar Kanker Chhattisgarh

3. Sub Divisional Officer (R) And Land Acquisition Officer, Kanker District North Bastar Kanker Chhattisgarh

---- Respondents

WPC No. 800 of 2021

Dinesh Kumar Jain @ Dineshwar S/o Vishram Singh Jain Aged About 53 Years R/o Chhotapara Ward No. 13, Thelkabod, Kanker District Kanker Chhattisgarh

---- Petitioner

Versus

1. Union Of India Ministry Of Road Transport And Highway, Through Chief Engineer Public Works Department National Highway Circle Raipur Chhattisgarh

3

2. Collector District North Bastar Kanker Chhattisgarh

3. Sub Divisional Officer (R) And Land Acquisition Officer Kanker District North Bastar Kanker Chhattisgarh

---- Respondents

WPC No. 819 of 2021

Ganesh Nag S/o Shyamlal Nag Aged About 33 Years R/o Thelkabod, Kanker, District- Kanker, Chhattisgarh., District : Kanker, Chhattisgarh

---- Petitioner

Versus

1. Union Of India Ministry Of Road, Transport And Highway, Through Chief Engineer, Public Works Department, National Highway Circle, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector District- North Bastar Kanker, Chhattisgarh., District : Kanker, Chhattisgarh

3. Sub Divisional Officer (R) And Land Acquisition Officer Kanker, DistrictNorth Bastar Kanker, Chhattisgarh., District : Kanker, Chhattisgarh

---- Respondents

For Petitioners : Mr. Rajkumar Pali, Advocate For Union of India : Mr. Ramakant Mishra, ASG along with Mr. Tushar Dhar Diwan, CGC For State : Mr. Shashank Thakur, Dy. A.G.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

08.02.2024

1. The grievance of petitioners in these writ petitions seems to be the inadequate compensation that the petitioners have been awarded in the course of acquiring their properties for the purposes of construction of National Highway No. 43 (New NH No.30) from Kanker to Bedma Section.

2. According to the petitioners, the authorities have not granted proper compensation, since the compensation so assessed by respondent No.3 is very much on the lower side.

3. Perusal of the record would show that the properties were acquired in the present cases applying the provisions of the National Highways Act, 1956 (in short “the Act of 1956”). Section 3G(5) of the Act of 1956 reads as under:-

“3G(5) If the amount determined by the competent authority

-4-

under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.”

4. It has been informed by the learned ASG that the Commissioner of Jagdalpur Division has been appointed as the authority to act as an Arbitrator for determining proper compensation. Considering the nature of the claim raised by the petitioners and also the fact that the claim of the petitioners is one which can be decided only after due verification and scrutiny of the revenue records and also on physical verification of the actual acquisition done, this Court is of the opinion that these matters need to be dealt with before the Commissioner under the provisions of Section 3G(5) of the Act of 1956.

5. Subject to the petitioners approaching the Commissioner, the Commissioner shall decide the same objectively by passing a speaking order. The petitioners are directed to raise their dispute before the Commissioner in accordance with law at the earliest, preferably within a period of 2 weeks from today and the Commissioner is expected to take a decision at the earliest.

6. With the aforesaid observation(s), these writ petitions stand disposed of.

Sd/-

(Rakesh Mohan Pandey) Judge

Rekha