Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11355
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1293 of 2025 1 - Balkrishna Pandey S/o Late Shri Tekram Pandey Aged About 72 Years R/o Belsari, Takhatpur (C.G.) Present Address- Shubham Vihar, Mungeli Road Bilaspur (C.G.)
Petitioner(s) versus 1 - Union Of India The Secretary Of Ministry Of Road, Transport And Highways, Government Of India, New Delhi. 2 - National Highway Authority Of India Through- Its Project Director, National Highway Authority Of India, Office At Office Of Project Director, Project Implementation Unit, House No 5196, Behind, B.T.I. College, Shankar Nagar, Raipur (C.G.) 3 - Commissioner/arbitrator Bilaspur Division, District- Bilaspur (C.G.) 4 - Sub-Divisional Officer (Revenue) And Authorised Officer Kota District- Bilaspur (C.G.)
Respondent(s) For Petitioner(s) : Mr. Vivek Kumar Gupta appears on behalf of Mr. Pravin Kumar Tulsiyan, Advocate For Resp. No. 1 : Mr. R.K. Mishra, DSGI For State : Ms. Nupoor Sonkar, PL For Resp. No. 2 ; Mr. Dhiraj Wankhede, Advocate RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.10 10:44:13 +0530
2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 07/03/2025
1. By the present writ petition, the petitioner is seeking a direction towards respondent No.3 to expedite the proceeding of Case No. 26/A-22-82/2023-24 pending before it.
2.
Learned counsel appearing for the petitioner would submit that the petitioner is the owner of land bearing Khasra No. 628/2 admeasuring 0.5 acres situated at Village Belsari. P.H.N. 28, R.I. Circle Tahsil Takhatpur, District Bilaspur. He would submit that out of the said land, 0.38 acres of the land has been acquired by the respondents’ authorities under the provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (henceforth ‘the Act, 2013’). Thereafter, the award has been passed. Being aggrieved by the insufficient compensation, the petitioner moved an application under Section 3G before the concerned respondent No.3 on 16/11/2023, but till date no action has been taken by the Authorities, despite the fact the petitioner is running from pillars to post for redressal of his grievance, but the same does not fructify.
3.
Learned counsel for the State, on instructions, would submit that if the application of the petitioner is pending consideration before respondent No.3, the same shall be considered and decided in accordance with law within a stipulated period.
4. I have heard learned counsel for the parties and perused the
3 documents.
5. It is not in dispute that the land of the petitioner has been acquired by the respondent authorities and being aggrieved with inadequate compensation, the petitioner moved an application before respondent No. 3 on 16/11/2023 (Annexure-P/5). Thus, the respondent No.3 is directed to consider and decide the pending application of the petitioner within a period of 3 months from the date of receipt of copy of this order in accordance with law and on its own merits and pass a reasoned and speaking
order by assigning cogent reasons.
6. With the aforesaid directions, the writ petition is disposed of.
7. The petitioner is liberty to apprise the order of this Court to respondent No. 3.
Sd/- (BIBHU DATTA GURU)
JUDGE Rahul