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2025 DAILYLAW 7797 (CHH)

RAJKUMARI v. NATIONAL HIGHWAY AUTHORITY OF INDIA LTD.

WPC/464/2019 · 2025-01-21

Shri Rakesh Mohan Pandey

body2025

Judgment text

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-1- 2025:CGHC:3600 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPC No. 464 of 2019 Rajkumari W/o Raghuraj Aged About 58 Years Caste Rajput R/o Village Lahroud ,p.H.No. 04, R.N.M. And Tehsil Pithora, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ... Petitioner versus 1- National Highway Authority of India Ltd. Through Project Director Raipur Unit ,raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2- State of Chhattisgarh Through The Collector Mahasamund District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3- The Land Acquisition officer-Cum -Sub Divisional officer (Revenue )/ Authority Pithora Tehsil Pithora ,district Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Surfaraj Khan, Advocate For State : Mr. Dashrath Prajapti, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21.01.2025 1) The petitioner has filed this petition seeking the following relief(s):- Digitally signed by NADIM MOHLE -2- “10.1 That, this Hon'ble Court may kindly be pleased to issue a suitable Writ (S), Order (S), Direction (S) by directing the respondent authorities to make full & complete monetary compensation, as determined in the notice (Annexure P-3) and Award (Annexure P-1) to the petitioner, together with interest, within time frame. 10.2 That, this Hon'ble Court may kindly be pleased to call the entire land acquisition proceedings relating to the subject matter of the case. 10.3 Any other relief which this Hon'ble Court thinks fit & proper in favour of the petitioner, in the interest of justice & equity.” 2) Mr. Surfaraj Khan, learned counsel appearing for the petitioner would submit that in a land acquisition proceedings, an award was passed on 24.05.2014. He would further submit that the land of the petitioner bearing survey No. 898/1, ad-measuring 0.04 hectare, situated at village Lahroud, Tehsil- Pithora, District- Mahasamund was acquired. He would submit that in the award, the compensation was assessed by the land acquisition officer to the tune of Rs. 19,53,600/-, but only Rs. 4,73,565/- is paid to the petitioner. He would contend that the petitioner has made a representation before the respondent No.3/land acquisition officer, but till date no decision has been taken. He would also contend that the petitioner is also entitled for interest on amount of delayed payment. 3) On the other hand, Mr. Dashrath Prajapti, learned Panel Lawyer appearing for the State would oppose the submission made by Mr. Khan. -3- 4) None appeared for the other respondent(s). 5) I have heard learned counsel for the parties and perused the documents placed on file. 6) Taking into consideration the submission made by the Mr. Khan, as the full and final payment of compensation has not been made to the petitioner, therefore, this petition at this juncture is disposed of with a direction to respondent No.3 to take appropriate decision with regard to the payment of remaining amount of compensation preferably within a period of 90 days from the date of receipt of copy of this order. 7) With regard to the interest, the petitioner would be at liberty to take recourse to law. 8) With the aforesaid observation(s) and direction (s), this petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nadim