Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:43895
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4616 of 2025 1 - Dharmendra S/o Shri Pukhraj Jain Aged About 57 Years R/o House No. 03-E, 105, Sector- 05, Devendra Nagar, Raipur, District - Raipur, Chhattisgarh.
... Petitioner(s) versus 1 - Union Of India Through General Manager, Sourth Eastern Central Railway, Bilaspur, Zone Bilaspur Chhattisgarh. Pin 495001
---Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Akshat Tiwari, Advocate For Respondent
: Ms. Shewta Rai, on behalf of Mr. Ramakant Mishra, DSGI Hon’ble Shri
Arvind Kumar Verma, Judge
Order on Board 29/08/2025
1. With the consent of the parties, the matter is heard finally.
2. The present writ petition has been filed for the following relief:- 10.1 That this Hon’ble Court may kindly be pleased to direct the respondent authority to furnish information sought by the petitioner under his RTI application (Annexure P-8) regarding appointment of an Arbitrator under Section 20F(6) of the Railways Act, 1989 within a stipulated period. 10.2 That this Hon’ble Court may kindly be pleased to direct the respondent authority to appoint a competent Arbitrator under Section 20F(6) of the Railways Act, 1989, to
2 adjudicate the dispute relating to compensation payable to the petitioner. 10.3 Any other relief(s) in favor of petitioners as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case with cost.
3.
Learned counsel for the petitioner submits that the petitioner is seeking a direction to the respondent authority to appoint a competent Arbitrator under Section 20F(6) of the Railways Act, 1989, to adjudicate the dispute relating to compensation payable to the petitioner in lieu of the acquisition of his land bearing Khasra No. 3/6 area 0.12 hectare which is situated at village Kanhargaon, P.S. and Tahsil Bhanupratappur, District Noth Bastar Kanker (C.G.) acquired under the Dallirajra- Rowaghat Jagdalpur Special Railway Project for the purpose of construction of Railway Line. Despite acquisition, the respondent authorities failed to calculate compensation in accordance with the diverted land and awarded compensation treating it as agricultural land. Although the Collector North Bastar Kanker,
directed the Sub Divisional Officer (Revenue) to ensure payment of compensation. However the grievance of the petitioner remained unresolved despite several representations.
4.
Learned counsel for the petitioner further submits that the petitioner filed an RTI application seeking details regarding the appointment of an arbitrator under Section 20F(6) of the Railways Act, 1989 but the said application has not been decided till date, thereby obstructing the petitioner’s statutory remedy.
5.
Learned counsel for the respondent submit that a competent Arbitrator i.e. the Commissioner of Bastar Division has already been appointed.
6. I have heard learned counsel for the parties and perused the material available on record.
7. The relief sought by the petitioner for a direction to the authorities to furnish information sought by the petitioner under the RTI,
3 cannot be granted by this Court as there is provision of filing first and second appeal.
8. As regards the second relief for appointment of a competent Arbitrator, in this regard, learned counsel for the respondent contended that as per Section 20F(6) of the Railways Act 1989, a Competent Arbitrator i.e. Commissioner of Division Bastar has already been appointed. The petitioner is at liberty to approach the Arbitrator of Bastar Division. As such the grievance raised in the present writ petition stands redressed.
9. Accordingly, the present writ petition stands disposed of. Sd/-
(Arvind Kumar Verma) Judge Jyoti