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2025 Supreme(Online)(Chh) 9123

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Shankar Lal Yadav – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 3248 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Prakash Tiwari
For the Respondents: Ms. Akanksha Verma Dabhadker

Timely resolution of land acquisition compensation claims is essential for upholding the rights of eligible claimants.

Headnote:(A) National Highway Act, 1956 - Section 3(6)(5) - Land acquisition compensation - Petitioners sought direction for compensation distribution amounting to Rs. 21,17,053/- for land acquired for highway construction - The court directed prompt action on the pending compensation claims. (Paras 2, 5)

(B) Writ Jurisdiction - The court encouraged expeditious decision-making for compensation claims to uphold justice and efficiency. (Paras 3, 5)

Facts of the case:
The petitioners challenged the lack of action by authorities on their compensation claims following land acquisition for a national highway and sought intervention of the court. The land was awarded in 2019, but subsequent inaction raised grievance among the petitioners.

Findings of Court:
The court ordered the authorities to process the petitioners' claims promptly and ensure disbursement if eligible. The timeframe for compliance was set at 90 days.

Issues: The primary issue was the inaction regarding the timely distribution of land acquisition compensation to the petitioners, highlighting procedural delays in administrative processes.

Ratio Decidendi: The court emphasized the importance of timely action on administrative matters to ensure claimants' rights are respected and facilitated within a reasonable timeframe, enforcing the legislative intent of efficient compensation distribution.

Result: Writ petition disposed of with directions.

Table of Content
1. delay in compensation distribution for land acquisition (Para 2)
2. lack of objection from the state on expediting claims (Para 3)
3. court's emphasis on prompt administrative action (Para 4)
4. court directs authorities to follow legal timelines (Para 5)
5. final disposition of the writ petition (Para 6)

Order on Board

27/06/2025

1. Counsel for the petitioners prays for the following relief(s):-

(i)To call for the record for the perusal of this Hon’ble Court.

(ii) That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction directing respondent No. 2 to forthwith comply with the order dated 30.12.2024 passed by respondent No. 1 and direct the respondent No. 2 to decide the application dated 10.01.2025 and distribute the awarded compensation amount of Rs. 21,17,053/- relating to Khasra No. 182/1 (area 0.141 hectares) in sevan equal parts amoung the eligible claimants, in accordance with law..

(iii) That any other relief which this court thinks fit in the interest of justice & equity.

2. Learned counsel for the petitioners submits that the petitioners is aggrieved by the inaction on the part of the respondent No. 1 in not deciding the petitioners’s appeal under Section 3(6)(5) National Highway Act 1956. Further the petitioners is seeking a direction to the respondent No. 1 vide order dated 30.12.2024 whereby respondent No. 2 was instructed to conduct a proper enquiry and distribute the land acquisition compensation amount of Rs. 21,17,053 (relating to Khasra No. 182/1, area 0.141 hectares, sitauted in village Sandbar, Tehsil Ambikapur) in seven equal parts among the eligible claimants. The said land was acquired for construction of the Ambikapur Bilaspur National Highway, and compensation was awarded vide award dated 13.06.2019. Despite submitting a representation dated 10.01.2025 to respondent No. 2 for compliance, till date no action has been taken, therefore he prays for a direction to the concerned authorities to decide his representation and thereafter, the distribute the land acquisition compensation amount may be released at the earliest.

3. Learned State Counsel submits that in view of the limited prayer made by the learned counsel for petitioners seeking direction to respondent-authorities to consider the pending claim towards the land acquisition compensation amount, she is having no objection to the limited prayer and if the claim of the petitioners is pending, it will be considered in accordance with law.

4. I have heard learned counsel for the parties and perused the material available on record.

5. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the respondent-authorities to consider/decide the claim/representation of the petitioners as expeditiously as possible in accordance with law within 90 days from the date of receipt of copy of this order. If it is found that the petitioners are entitled for the land acquisition compensation amount which was awarded on 13.06.2019, the same shall be disbursed at the earliest.

6. With the aforesaid direction, the writ petition is disposed of.

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