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2025 DAILYLAW 30124 (CHH)

TORAN VERMA v. GOVERNMENT OF INDIA

WPC/3189/2025 · 2025-07-01

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:29727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3189 of 2025 Toran Verma S/o Shri Bhulu Ram Verma Aged About 60 Years R/o 121, Ward No.-05, Chandrashekhar Ward, Bemetara, Tahsil And District - Bemetara (C.G.), (Land Oustee) ... Petitioner versus 1 - Government Of India Ministry Of Road Transport And Highways, Through Chief Engineer, National Highway Zone Raipur (C.G.) 2 - Sub Divisional Officer (Revenue) And Land Acquisition Officer Tahsil - Bemetara, District - Bemetara (C.G.) ... Respondents For Petitioner : Mr. K.P. Sahu, Advocate For Respondent no. 1 : Mr. Niraj Baghel, Advocate appears on behalf of Mr. Ramakant Mishra, Advocate For Respondent no. 2 : Mr. Satish Gupta, Govt. Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 02.07.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “a. issue a direction to the respondents to conduct a fresh survey and reassessment of the petitioner’s land bearing Khasra No. 225/3, admeasuring 0.324 hectare (3279 sq. meters), situated at Mohbhatta P.C. No. 27, District Bemetara (CG), and to determine and provide the appropriate land acquisition compensation amount on a per-square- meter basis, consistent with the rates provided to other land owners for the same project. 2 b. Alternatively, if a fresh survey is not possible, direct the Respondents to provide the petitioner with compensation at the rate of Rs. 3500/- per square meter, totaling approximately Rs. 1,14,76,500/- with 9% interest per annum from the date of acquisition of award. c. Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner contended that in the impugned award dated 06.11.2015 passed by the respondent no. 2 in land acquisition case no. 06/A-82 in which the respondents have passed a meager award to the petitioner as compared to the other adjacent land owners of village, Mohbhattha. He further submits that an appropriate direction to the respondents to conduct a fresh survey and reassessment of the petitioner’s land bearing Khasra No. 225/3 area 0.324 hectare (3279 sq. metre) situated at Mohbhatta P.C. no. 27 District Bemetara Chhattisgarha and to determine and provide the appropriate land acquisition compensation amount on a per-square-meter basis, consistent with the rates provided to other land owners for the same project. 3. On the other hand learned counsel for the respondents contended that an alternate remedy is available to the petitioner. 4. I have heard learned counsel for the respective parties, and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and the submission made by the learned counsel for the respective parties, this court is of the considered opinion that since the prayer made by the learned counsel for the petitioner is not maintainable as he has an alternate remedy of filing under Section 3(G) 5 of the National Highway Act. 6. Accordingly, the present petition is dismissed as not maintainable. However, the petitioner is at liberty to avail the remedy as mentioned above. sd/- alfiza (Arvind Kumar Verma) JUDGE