Banwari Sahu vs Union Of India

The grievance of the petitioner in the present writ petition seems to be the inaction on the part of the respondents in not paying the petitioner

adequate compensation in lieu of the land belonging to the petitioner which stood acquired for the purpose of the construction of National Highway on

the Bilaspur-Ratanpur bypass. The concerned land is one which which situates in Khasra No.551/6 situated at village Amsena, P.H. No.38, District

Bilaspur.

According to the petitioner, it's area is measuring around 0.891 Hectares stood acquired by the respondent no.1 for construction of the aforesaid

National Highway. The further grievance of the petitioner is that the authorities have passed an award under the National Highway Act, 1956 but in

the award the claim of the petitioner or the property belonging to the petitioner is not reflected and as such he is being deprived and denied as his

rightful claim for compensation under the said Act.

State counsel submits that he has instructions to make a statement that after the entire area was demarcated and on the basis of demarcation

report, the authorities have now proceeded to take necessary steps for conclusion of the remaining formalities which includes the inclusion of the

petitioner's property in the award and for adequate compensation for the same. He submits that given a reasonable period of time, the entire

proceedings would be concluded.

Learned ASG on the other hand submits that it is a case where the project is that of National Highway Authorities and compensation whatever has

to be paid by the National Highways Authorities in terms of the award that would be passed by the Land Acquisition Officer. According to the

learned ASG, as and when the award is passed or modified necessary steps for its compliance shall be taken by the concerned authorities.

Given the said submissions by the learned counsel for the parties, the writ petition at this juncture stands disposed of directing the respodnent no.2 to

4 to ensure that all necessary steps for completing acquisition proceedings, particularly in respect of land belonging to the petitioner be concluded and

necessary compensation be also released to the petitioner at the earliest preferably within an outer limit of six months starting from the date of receipt

of copy of this order.

With the aforesaid direction, the writ petition stands disposed of.