Smt. Ramkumari Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Chhattisgarh. 2 - Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Bilaspur, District- Bilaspur, Chhattisgarh.

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3 - National Highway Authority Of India Through Its Project Director, Project Implementation Unit Abhilasha Parisar Behind New Bus Stand Bilaspur, Tehsil And District- Bilaspur Chhattisgarh

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... Respondents

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(Cause-title taken from Case Information System)

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For Petitioners	: Mr. Rupesh Shrivastava, Advocate
For State	: Mr. Saumitra Kesharwani, P.L.
For NHAI	: Mr. Dhiraj Kumar Wankhede, Advocate

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Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

15.07.2026

1. Heard.

2. The petitioners have prayed for following relief(s) :-

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“ 10.1 That, this Hon'ble Court may kindly be pleased to call the entire records pertaining to the case of the petitioners.

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10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent's authority to release the compensation as per the award dated 28.10.2024, towards Acquisition of the petitioner's land.

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10.3 That, this Hon'ble Court may kindly be directed to the respondents to release the compensation of the petitioner within stipulated period.

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10.4 Any other relief or relief(s), which this Hon'ble Curt deems fit and proper in view of the facts and circumstances of the case, may also be granted.

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10.5 Cost of the petition may also be awarded. ”

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3. By filing the present writ petition under Article 226 of the Constitution of India, the petitioners have sought issuance of an appropriate writ, order or direction commanding the respondent authorities to disburse the land acquisition compensation in terms of the Award dated 28.10.2024 passed by the Competent Authority for Land Acquisition (CALA) in respect of the lands utilized for construction of Pendridih–Pathrapali National Highway No.111/130. The grievance of the petitioners is that though their lands were utilized for the construction of the National Highway and an Award determining compensation has already been

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passed, the compensation amount has not been released to the eligible land owners despite lapse of considerable time.

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4. Learned counsel appearing for the petitioners submits that after prolonged litigation, including earlier writ petitions and contempt proceedings, the Competent Authority finally passed the Award dated 28.10.2024 determining the compensation payable for the acquired lands. It is submitted that the National Highways Authority of India (NHAI) has already deposited the awarded amount with the Competent Authority for Land Acquisition, yet the respondent-State authorities have failed to disburse the compensation to the beneficiaries without assigning any justifiable reason. It is argued that once the award has attained finality and the compensation amount stands deposited by the acquiring authority, the State authorities are under a statutory obligation to release the amount forthwith to the persons in whose favour the award has been passed. Such inaction, according to learned counsel, is arbitrary, unreasonable and violative of Article 300A of the Constitution of India.

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5. Per contra, learned State counsel submits that there is no dispute regarding the passing of the Award dated 28.10.2024 or the receipt of the compensation amount from the National Highways Authority of India. It is, however, submitted that the Award has been passed only in favour of six identified beneficiaries and the amount deposited by the NHAI corresponds only to the

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compensation determined in favour of those six persons. Therefore, the State authorities can legally disburse the compensation only to those persons whose entitlement has been recognized under the Award and not to any person whose claim has not been adjudicated or whose name does not find place in the Award.

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6. I have heard learned counsel for the parties and perused the material available on record.

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7. From the pleadings of the parties and the documents placed on record, it is apparent that the Competent Authority for Land Acquisition has already passed the Award dated 28.10.2024 determining the compensation payable in respect of the lands utilized for construction of the National Highway. It is also not in dispute that the National Highways Authority of India has deposited the awarded amount with the Competent Authority for Land Acquisition for disbursement in accordance with the Award.

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8. The stand taken by the respondent-State is that the Award has been passed only in favour of six persons, namely: (i) Usha, wife of Ashok; (ii) Ramkumari, wife of Harishankar; (iii) Manorama, wife of Ramsajivan; (iv) Henubai, wife of Manharan; (v) Ranjita, wife of Rakesh; and (vi) Ranjita, wife of Rakesh, and the compensation amount deposited by the NHAI pertains only to the compensation determined in favour of the said award-holders. There is no material placed before this Court to indicate that the Award

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determines compensation in favour of any other person or that any additional amount has been deposited for disbursement beyond the scope of the Award.

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9. It is a settled principle that the disbursing authority cannot travel beyond the terms of the Award. The Competent Authority is required to act strictly in accordance with the Award passed under the provisions of the National Highways Act, 1956, and cannot release compensation in favour of persons whose entitlement has not been adjudicated therein. Equally, once the Award has attained finality and the compensation amount has been made available by the acquiring authority, there is no justification for withholding the disbursement to those persons in whose favour the Award has been passed.

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10. Accordingly, the respondent authorities, particularly the Competent Authority for Land Acquisition, are directed to verify the identity and entitlement of the award-holders and disburse the compensation amount strictly in terms of the Award dated 28.10.2024 to the persons in whose favour the Award has been passed, if the same has not already been disbursed.

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11. It is made clear that this Court has not adjudicated upon the entitlement of any person whose name does not find place in the Award dated 28.10.2024, and such persons shall be at liberty to avail such remedy as may be available to them in accordance with law.

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12. With the aforesaid observations and directions, the present writ petition stands disposed of.

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13. No order as to costs.

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Sd/Sd/- (Amitendra Kishore Prasad) Judge

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Yogesh

Smt. Ramkumari v. State of Chhattisgarh

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Smt. Ramkumari v. State of Chhattisgarh

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