Disposed

Dinesh Kumar Jain @ Dineshwar v. Union of India

Chhattisgarh HC7 Feb 2024WPC/800/2021

Case brief

AI extract

What is this about?

Pendency of multiple writ petitions regarding inadequate compensation for land acquisition for National Highway No. 43. The court held that compensation disputes require verification of revenue and physical records, directing petitioners to approach an appointed Commissioner under the National Highways Act, 1956 to determine the amount.

What did the court decide?

Petitioners directed to approach the appointed Commissioner to determine compensation under Section 3G(5) of the National Highways Act, 1956 within two weeks.

Dinesh Kumar Jain @ Dineshwar Vs Union of India — Land Acquisition | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No.23 of 2021

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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

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---- Petitioner

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Versus

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

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

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

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---- Respondents

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WPC No. 762 of 2021

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

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---- Petitioner

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Versus

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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, District : Kanker, Chhattisgarh

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

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---- Respondents

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WPC No. 768 of 2021

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

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---- Petitioner

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Versus

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

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

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

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---- Respondents

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WPC No. 771 of 2021

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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

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---- Petitioner

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Versus

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

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

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

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---- Respondents

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WPC No. 773 of 2021

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

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---- Petitioner

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Versus

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

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

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

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---- Respondents

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WPC No. 779 of 2021

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

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---- Petitioner

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Versus

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

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2. Collector District North Bastar Kanker Chhattisgarh

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

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---- Respondents

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WPC No. 800 of 2021

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

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---- Petitioner

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Versus

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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

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

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---- Respondents

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WPC No. 819 of 2021

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

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---- Petitioner

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Versus

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

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

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

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---- Respondents

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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.

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Hon'ble Shri Justice Rakesh Mohan Pandey

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Order on Board

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08.02.2024

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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.

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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.

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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:-

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“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.”

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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.

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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.

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

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Rekha

Dinesh Kumar Jain @ Dineshwar v. Union of India

Case brief

What is this about?

What did the court decide?

Dinesh Kumar Jain @ Dineshwar v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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