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2026 DAILYLAW 30489 (CHH)

SMT. ARCHNA AGRAWAL v. UNION OF INDIA

WPC/3913/2021 · 2026-07-29

Shri Parth Prateem Sahu

body2026

Judgment text

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1 CGHC010251632021 2026:CGHC:33057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3913 of 2021 Smt. Archna Agrawal W/o Shri Arun Agrawal Aged About 45 Years R/o Infront Of Maa Tripura Medical Vidya Nagar Bilaspur, District Bilaspur, Chhattisgarh ... Petitioner versus 1 - Union Of India Through Secretary, Road Transport And Highways Ministry, New Delhi 2 - National Highways Authority, Through Project Director And Project Implementation Unit Raipur, District Raipur, Chhattisgarh, 3 - S.D.O. Cum Competent Authority Bilaspur, (Perform The Duties As A Collector In The Land Acquisition Matter), Tahsil And District Bilaspur, Chhattisgarh, 4 - Executive Engineer, Public Works Department, National Highways Division, Bilaspur, District Bilaspur, Chhattisgarh 5 - Project Director, National Highways Authority, Project Implementation Unit Bilaspur, District Bilaspur, Chhattisgarh, 6 - Collector Bilaspur, District Bilaspur, Chhattisgarh ... Respondents For Petitioner : Shri Sanjay Kumar Agrawal, Advocate. For Respondent No.1 : Shri T.S. Sahu, Central Government Counsel. For respondents No.2 & 5 : Shri Dhiraj Kumar Wankhede, Advocate. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.08.03 11:01:57 +0530 2 For State/respondents No.3, 4 & 6. Shri Nitansh Jaiswal, Dy.G.A. SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 30/07/2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents to produce the entire land acquisition records. 10.2 That, this Hon'ble Court may kindly be pleased to hold that the petitioner is entitled for interest @ 15% per annum on the enhanced compensation amount as per the order passed by the Arbitrator from issuance of Section 3(A) notification of the NHAI Act 1956 to order dated 13.08.2019. 10.3 That, this Hon'ble Court may kindly be pleased to hold that the petitioner is also entitled for interest @ 15% per annum on the enhanced compensation amount as per the order passed by the Arbitrator from order dated 13.08.2019 to its disbursal. 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent competent authority i.e. Sub- Divisional Officer Revenue Bilaspur to redetermined the interest @ 15% per annum on the enhanced compensation amount from Section 3(A) Notification dated 24.12.2010 to 19.08.2019 and to pay the said amount to the petitioner. 10.5 That, this Hon'ble Court may kindly be pleased to direct the respondent competent authority i.e. Sub- Divisional Officer Revenue Bilaspur to redetermined the 3 interest on the enhanced compensation amount from 19.08.2019 to its disbursal @ 15% per annum. 10.6 That, this Hon'ble Court may kindly be pleased to direct the Respondent Collector Bilaspur to enquire the matter regarding the reasons for pendency of the representation dated 29.08.2019 filed by the petitioner. 10.7 That, this Hon'ble Court may be pleased to pass any other relief that this Hon'ble Court may please deem fit and proper.” 2. Learned counsel for respondents No.2 & 5 would submit that this petition is premature. Respondents No.2 & 5 had challenged the award passed by arbitrator by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, which is still pending consideration. 3. Learned counsel for the petitioner submits that in view of the objection raised by learned counsel for respondents No.2 & 5, he may be permitted to withdraw this writ petition at this stage with liberty to file appropriate proceedings after decision in the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, pending before District Judge. 4. In view of the submission made by learned counsel for the petitioner, the petition is disposed of with liberty as prayed for. Sd/- (Parth Prateem Sahu) Judge gouri