FHAGUWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been brought being aggrieved by the order dtd. 27/7/2021, passed by the Arbitrator-cum-Commissioner, Bilaspur, Division- Bilaspur, C.G. in Arbitration Case No. 363/A-82/2020-21.

(2.) The facts in brief are these, that the petitioner was the owner of the land bearing Khasra No. 2718/2 and 2715 ad-measuring area 0.0250 and 0.0510 hectare situated in village Seoni, Tehsil-Champa, District-Janjgir- Champa, C.G. The land was acquisitioned for widening of the National Highway. The Land Acquisition Officer passed the award dtd. 24/1/2020 (Annexure-P/4) granting compensation. The petitioners and others preferred a W.P.(C.) No. 804/2021 before this Court, which has been disposed off by this Court on 17.02.2021 and the petitioners were directed to raise the dispute before the Additional Commissioner under the provision of Sec. 3G(5) of the National Highways Act, 1956 (hereinafter referred to as "the Act, 1956") individually. The dispute raised by the petitioner has been decided by the Arbitrator/Commissioner Bilaspur Division by the impugned order.

(3.) It is submitted by learned counsel for the petitioner that the impugned order is unsustainable. The Division Bench of this Court has passed judgment dtd. 06.12.2019 in W.A. No. 07/2019 and the batch of other similar petitions, in which it was held that the fixation of minimum value does not and cannot deny the land owner from getting actual market value, if the same dispute as of which above the minimum value and the question framed on this point was answered that the person affected by land acquisition has entitlement for compensation according to the actual market value.