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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 2009 of 2021

Ram Khilawan Kurrey S/o Late Jeth Ram Kurrey Aged About

61 Years R/o Ward No. 12, Shanti Nagar, Tifra, District-

Bilaspur,Chhattisgarh.

--- Petitioner

Versus

1. Competent Authority Cum Land Acquisition Officer The Sub

Divisional Officer(Revenue), Bilaspur, District- Bilaspur,

Chhattisgarh.

2. South East Central Railway Through General Manager , New

Zonal Building, Bilaspur, Chhattisgarh. Pin-495004.

3. Deputy Chief Engineer (Survey And Construction) South East

Central Railway New Zonal Building, Bilaspur, Chhattisgarh

Pin- 495004.

---- Respondents

For the Petitioners

: Mr. Ankit Pandey, Advocate

For the State/R-2 & R-3

: Mr. R. S. Patel, Advocate

Hon'ble Shri Justice Goutam Bhaduri

Order on Board

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.06.2021

1. Learned counsel for the petitioner submits that the land of

the petitioner has been acquired and despite that, adequate

compensation has not been paid and he has been

dispossessed. It is further submitted that the land was

acquired by the Railways and the award has been passed.

2. Counsel for the respondents would submit that if the

petitioner is not satisfied with the quantum of compensation,

he may approach the Arbitrator under section 20F of The

Railways Act, 1989. He submits that the arbitrator has been

appointed on 14.07.2020.

3. Learned counsel for the petitioner also do not dispute the

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fact that the arbitrator has been appointed and he may be

given liberty to approach the Arbitrator.

4. As per section 20 subsection (6) of the Railways Act, 1989,

the petitioner may approach the Arbitrator by filing a suitable

application and as stated by counsel for the parties, the

Commissioner, Bilaspur Division is already appointed as

arbitrator.

5. In view of such submission of the parties and since the award

has been passed, the petitioner may avail the remedy u/s

20F sub-section (6) of The Railways Act, 1989 within a

further period of 45 days from the date of receipt of this

order to refer the matter to the Arbitrator.

6. With such observation, this writ petition stands disposed of.

Sd/-

GOUTAM BHADURI

JUDGE

R a o