Chattisgarh High Court
Sunil Parwani vs Union Of India on 10 August, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No.1298 of 2020
Sunil Parwani, S/o Shri Nandalal Parwani, aged about 49 years, R/o
Matrichhaya Gali, Near Central Bank, Civil Line, Ward No.42, Raipur,
District Raipur, Chhattisgarh
---- Petitioner
versus
1. Union of India through its Secretary Ministry of Road Transport and
Highway, New Delhi
2. National Highway Authority of India through Project Director and
Project Implementation Unit 51/96, Behind BTI College, Shankar
Nagar, Raipur, Chhattisgarh
3. Regional Officer, National Highway Authority of India, Anupam Nagar,
Raipur, Chhattisgarh
4. The Land Acquisition Officer cum Sub Divisional Officer (Revenue),
Raipur, Chhattisgarh
--- Respondents
-------------------------------------------------------------------------------------------------------
For Petitioner : Shri Akhilesh Kumar, Advocate For Respondent No.1 : Shri Tushar Dhar Diwan, Advocate on behalf of Shri Ramakant Mishra, Assistant Solicitor General For Respondents No.2&3 : Shri Prasun Kumar Bhaduri, Advocate For Respondent No.4 : Shri G.S. Patel, Government Advocate
-------------------------------------------------------------------------------------------------------
Hon'ble Shri Justice Arvind Singh Chandel Order on Board 10.8.2022
1. With the consent of Learned Counsel appearing for the parties, the matter is heard finally.
2. For widening National Highway No.30/200, Raipur - Bilaspur Project, Respondents 2 and 3, without initiating any acquisition proceedings, used the land of the Petitioner situated at Village Dharsiwan (Kura) bearing Khasra No.1114/2 and 1140/9 total area 370 Sq.Mtrs., 1114/4 and 1140/12 total area 970 Sq.Mtrs. and 1114/3 and 1140/11 total area 1460 Sq.Mtrs., in aggregate 2800 2 Sq.Mtrs. The Petitioner approached the National Highway Authority/Respondents 2 and 3 and also held agitation along with many land holders upon which the National Highway Authority ensured that they will soon initiate acquisition proceedings and provide compensation. A notification under Section 3A of the National Highway Act, 1956 was issued on 5.7.2018. Thereafter, the Respondents/Authority did not proceed for issuance of a notification under Section 3D of the National Highway Act, 1956 within the stipulated period. The Respondents/Authority have not paid any single penny against the land acquired by them for construction of the National Highway. Hence, this petition.
3. At the time of hearing on 26.6.2020, it was submitted by Learned Counsel appearing for the Petitioner that the facts of the present case are identical to the facts of Writ Petition (C) No.1706 of 2019 and other connected writ petitions, which have been disposed of on 15.5.2019. It was submitted by Learned Counsel appearing for Respondents 2 and 3 that the order dated 15.5.2019 has already been subjected to challenge in a bunch of writ appeals, the lead among which is Writ Appeal No.192 of 2020. On the above submissions made by both the Learned Counsel, it was directed that the matter be listed for hearing after disposal of Writ Appeal No.192 of 2020. Learned Counsel appearing for the parties submit that now Writ Appeal No.192 of 2020 has been decided and order has been passed on 2.3.2022 and thereby the writ appeals moved by the Respondents have been dismissed.
4. I have heard Learned Counsel appearing for the parties and 3 perused the entire material available with due care.
5. It is settled proposition that a person cannot be deprived of his property otherwise than in due course of law. The course of law has been provided under the National Highway Act, 1956 for acquisition of land. Since it is alleged that construction of road has already been made, the Respondents are directed to demarcate the affected land of the Petitioner and thereafter commence and conclude the proceedings of compensation within a period of nine months from the date of presentation of a copy of this order. If it is found that the land of the Petitioner has been acquired without awarding any compensation, due compensation shall be awarded to him and if compensation has already been awarded, the same shall be disbursed to him within the aforesaid period.
6. With the aforesaid directions, the instant writ petition is disposed of.
Sd/-
(Arvind Singh Chandel) JUDGE Gopal