LAWS(CHH)-2022-6-55

BALI NAGWANSHI Vs. STATE OF CHHATTISGARH

Decided On June 28, 2022
Bali Nagwanshi Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Writ Appeal No.64/2022 has been preferred challenging the order dtd. 10/1/2022 passed in Writ Petition(Civil) No. 3355/2019 by which the petition was allowed and the award dtd. 12/2/2018 passed by the Competent Authority and the Arbitration Award passed by the Commissioner, Jagdalpur dtd. 11/7/2019 were set aside. Writ Appeal No.81/2022 has been preferred against the order dtd. 10/1/2022 in Writ Petition(Cr.) No.1031/2019. Writ Appeal No.81/2022 is preferred against the same order by which the order dtd. 10/1/2022 in WPC No.3355/2019 has been challenged. In Writ Appeal No.119/2022 the order of Single Bench in Writ Petition(Cr.)No.828/2019 passed on 10/1/2022, dismissing the petition is under challenge. In Writ Appeal No.144/2022 the order of Single Bench dtd. 10/1/2022 dismissing the Writ Petition(Cr.) No.1096/2019 has been challenged. Writ Appeal No.129/2022 has been preferred against the same order dtd. 10/1/2022 by which the Writ Petition(Cr.) No.674/2019 preferred by the appellants, was dismissed. Writ Appeal No.83/2022 has been preferred by the appellants against the order dtd. 10/1/2022 of Single Bench dismissing the Writ Petition(Cr.) No.751/2019. Writ Appeal No.115/2022 has been preferred against the order dtd. 10/1/2022 of Single Bench by which the Writ Petition(Cr.) No.1037/2019 has been dismissed. Writ Appeal No.77/2022 has been preferred against the judgment dtd. 10/1/2022 by which the Writ Petition(Civil) No.3355/2019, was allowed.

(2.) A project for construction of single railway line of length of 140km named as Rowghat, Jagdalpur broad-gauge single railway line was declared as Special Railway Project by Gazette Notification dtd. 4/4/2016. For execution of this railway project, 1863 hectares of land was proposed to be acquired, out of which 140.233 hectares were private lands. A notification dtd. 21/8/2017 was issued under Sec. 20A of the Railways Act, 1989 (for short 'the Act, 1989'), by the competent authority declaring the intention to acquire the lands for the execution of the Special Railway Project. After granting time for objections, the notification for acquisition of lands was issued under Sec. 20E of the Act, 1989, on 21/12/2017. The appellants in Writ Appeal No.64/2022, 81/2022, 77/2022 and 83/2022 were the land owners, whose land was situated in Village-Palli. They were the affected persons as their lands were acquired for this Special Railway Project. The Additional Collector District-Bastar/Competent Authority, proceeded for determination of the award in application No.34/2017 and passed the award date 12/2/2018 granting compensation of Rs.188.83 crores. Khasra No.123/1 of area 7000 sq. meter and khasra No.123/2 of area 19900 sq.meter was acquired from appellant Bali Nagwanshi. Plot bearing Khasra No.125/1 to 125/29, 125/31, 125/33 to 125/37, which were plots situated in the colony developed in the name of 'Neelima Spandan' were also acquired for this project. Compensation for land acquired from Bali Nagwanshi was determined as 70.62 Crores for the total area of the land which was acquired being 2.69 hectares. Similarly, the compensation was determined in favor of appellant Neelima Belsariya to the tune of Rs.25.19 Crores for the total area of the land which was acquired being 1.040 hectares.

(3.) Appellant Bali Nagwanshi in WA No.81/2022 and 64/2022, not being satisfied with the compensation determined, preferred arbitration reference before the Commissioner, Bastar Division, on which vide order dtd. 11/7/2019, the Arbitration Award was given, by enhancing the compensation and granting additional amount of Rs.7,79,04,091.00.