BHAWANI SHANKAR MISHRA v. ARBITRATOR ( NATIONAL HIGHWAYS AUTHORITY OF INDIA) CUM COMMISSIONER
WPC/1075/2025 · 2025-02-28
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9177 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9177 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:9979
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1075 of 2025 1 - Bhawani Shankar Mishra S/o Shriram Mishra Aged About 68 Years R/o Flat No. 403/404, 4th Floor, Golden Homes, Napier Town, Jabalpur (M.P.) Through Power Of Attorney Holder Shri Ajay Verma S/o Shri V.N. Verma, A/a 63 Years, R/o Shakti Nagar, Ranital Jabalpur (M.P.)
... Petitioner(s) versus 1 - Arbitrator ( National Highways Authority Of India) Cum Commissioner Division - Durg (C.G.)
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Anumeh Shrivastava, Advocate For Respondent No.1 : Shri Anirudh Singh, Advocate appears on behalf of Shri Dhiraj K. Wankhede, Advocate. For State : Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.03 21:02:52 +0530
2 28.02.2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent Arbitrator cum Commissioner Division Durg who is not deciding the appeal filed by the petitioner on 17.06.2022 against the award dated 25.02.2019 passed by the Land Acquisition OfÏcer, Rajnandgaon in Land Acquisition case no. 01/A- 82/year 2017-2018. 2. Learned counsel for the petitioner would submit that the petitioner is owner of the land bearing Khasra no. 1652/1 and 1652/2 situated at Village Tedesara, P.H.N. 26, R.I. Circle Tedesara, Tahsil and District Rajnandgaon. The land of the petitioners have been acquired under the Bharatmala National Highway Development Scheme vide notification dated 09.03.2018 and award has been passed on 25.02.2019. The compensation was determined and petitioner has received the compensation awarded by the respondent, however to question the quantum of the compensation, the petitioners preferred an appeal before the learned Arbitrator NHAI cum Commissioner Division Durg seeking enhancement of the compensation amount awarded to him, however the same has not been decided till date. 3. Learned counsel appearing for the respondent submits that if the appeal is still pending the respondent authority Arbitrator cum Divisional Commissioner Durg, the same shall be considered and necessary order will be passed in accordance with law within a stipulated period. 3
4. I have heard both the counsels for the parties and perused the award dated 25.02.2019 and the appeal filed by the petitioner on
17.06.2022. 5.
As the petitioner land owner is seeking enhancement of award amount and preferred an appeal before the competent authority under the NHAI Act, it is directed that appeal filed by the petitioner which has been annexed at page no. 24 be decided within a period of 50 days from the receipt of the order of this court. The petitioner is at liberty to apprise the Commissioner cum Arbitrator NHAI about the order of this Court. 6. With the aforesaid direction, the writ petition is disposed of. Sd/-
(Bibhu Datta Guru) Judge Shoaib