High Court disposed of multiple writ petitions wherein petitioners challenged inadequate compensation for land acquisition for National Highway No. 43. The Court directed petitioners to seek determination of compensation under Section 3G(5) of the National Highways Act, 1956 before the appointed Commissioner, who must pass a speaking order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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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
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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
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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
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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
2 issues framed by the court
Whether the suit for inadequate compensation in land acquisition acquired under the National Highways Act, 1956 should be decided by the High Court or a designated arbitrator.
Whether a Commissioner can be appointed under Section 3G(5) of the National Highways Act, 1956 to determine appropriate compensation when the acquired party disputes the amount.
1 provisions across 1 enactments
Puna Bai Netam
Sukhbati Sinha
Bhagwati Sinha
Manoj Kumar Yadav
Jahid Khan
Pancham Ram Dhankar
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
