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AFR HIGH COURT OF CHHATTISGARH, BILASPUR ARBA No. 43 of 2021 Judgment Reserved On : 22/02/2022 Judgment Delivered On : 07/04/2022 Bhagawat Sonker S/o Khorbahara Sonker Aged About 43 Years R/o Ward No. 11, Village Post Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Appellant Versus
1. Union Of India Through Ministry Of Highways Development And Road Transport New Delhi, Through Project Director National Highways Authority Of India (NHAI), Project Implementation Unit, Shankar Nagar Raipur.
2. Competent Authority / Special Land Acquisition Officer Simga, District Baloda Bazar-Bhatapara, Chhattisgarh.
3. Upper Collector Baloda Bazar / Arbitrator Baloda Bazar District Baloda Bazar-Bhatapara, Chhattisgarh.
---- Respondent ARBA No. 9 of 2021 Union Of India, Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Sunder Lal, S/o Hincharam, Aged About 47 Years R/o Ward No.4, Village And Post Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer, Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
3. Additional Collector, Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 11 of 2021 Ramji Devanagan S/o Late Chiman Lal Devangan, Aged About 64 Years R/o Ward No. 10, Village- Post - Simga, District - Baloda Bazar -
Bhatapara (Chhattisgarh)
---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi, Through Its Project Director, National Highway Authority Of India, Through Project Director, Project Implementation Unit, Shanker Nagar, Raipur, District - Raipur (Chhattisgarh)
2. Additional Collector / Arbitrator Balodabazar-Bhatapara, District Baloda-Bazar-Bhatapara (Chhattisgarh)
3. Sub Divisional Officer (Rev) And Competent Authority Under The National Highways, Act, 1956 And Land Acquisition Officer, Simga, District- Balodabazar-Bhatapara (Chhattisgarh)
---- Respondent ARBA No. 12 of 2021 Shatruhan Sonker S/o Bhakadu Sonker, Aged About 55 Years Through Its Power Of Attorney Holder- Jeevrakhan, Age About 56 Years, R/o Sheetla Para Ward, Ward No.15, Mahamaya Ward, Village Post Simga, District Baloda Bazar Bhatapara Chhattisgarh ---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi, Through Its Project Director, National Highway Authority Of India, Through Project Director, Project Implementation Unit, Shanker Nagar, Raipur, District Raipur Chhattisgarh
2. Additional Collector/ Arbitrator, Balodabazar Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh
3. Sub Divisional Officer (Rev) And Competent Authority Under The National Highways, Act, 1956 And Land Acquisition Officer, Simga, District Balodabazar Bhatapara Chhattisgarh ---- Respondent ARBA No. 13 of 2021 Union Of India Through The Ministry Of Road Transport And Highways New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar , Raipur Chhattisgarh.
---- Appellant Versus
1. Anuj S/o Dhunari Aged About 57 Years R/o Bhanthipara, Ward No. 14, Village And Post Simga, District Baloda Bazaar Bhatapara Chhattisgarh.
2. Ashok S/o Dhunari Aged About 40 Years R/o Bhanthipara, Ward No.
14, Village And Post Simga, District Baloda Bazaar Bhatapara Chhattisgarh.
3. Rajkumar S/o Dhunari Aged About 37 Years R/o Bhanthipara, Ward No. 14, Village And Post Simga, District Baloda Bazaar Bhatapara Chhattisgarh.
4. Kamla Bai W/o Gangaram Aged About 37 Years R/o Bhathgaon, Raipur , District Raipur Chhattisgarh.
5. Vimla Bai W/o Chatrapal Aged About 40 Years R/o Village Tirurghat, Tahsil Dhamdha, District Durg Chhattisgarh.
6. Competent Officer / Special Land Acquisition Officer Simga, District Baloda Bazar Bhatapara Chhattisgarh.
7. Additional Collector Baloda Bazaar / Arbitrator , Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 15 of 2021 Union Of India, Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh. Now, National Highways Authority Of India, Through The Project Director, Project Implementation Unit, D- 61, HIG-I, Abhilasha Parisar, Behind Hi-Tech Bus Stand, Tifra, Bilaspur Chhattisgarh.
---- Appellant Versus
1. Tulsiram Dewangan, S/o Pilwaram Dewangan, Aged About 72 Years R/o Ward No.4, Village And Post Simga, District Baloda Bazaar -
Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer, Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
3. Additional Collector, Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 16 of 2021 Union Of India Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh. Now, National Highways Authority Of India, Through The Project Director, Project Implementation Unit, D- 61, HIG-I, Abhilasha Parisar, Behind Hi-Tech Bus Stand, Tifra, Bilaspur (Chhattisgarh)
---- Appellant Versus
1. Chiman Lal Devangan (Dead) Through His Legal Heir- Ramji Devangan S/o Late Chiman Lal Devangan Aged About 64 Years R/o Ward No. 10, Village And Post Simga, District Baloda Bazaar-
Bhatapara (Chhattisgarh), 2. Competent Officer / Special Land Acquisition Officer Simga, District Baloda Bazaar-Bhatapara (Chhattisgarh)
3. Additional Collector Baloda Bazar / Arbitrator, Baloda Bazaar (Chhattisgarh)
---- Respondent ARBA No. 17 of 2021 Union Of India Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh. Now, National Highways Authority Of India, Through The Project Director, Project Implementation Unit, D- 61, HIG-I, Abhilasha Parisar, Behind Hi-Tech Bus Stand, Tifra, Bilaspur (Chhattisgarh)
---- Appellant Versus
1. Bhagwat Sonker S/o Late Khorbahra Sonker Aged About 43 Years R/o Ward No. 11, Village And Post Simga, District Baloda Bazaar-
Bhatapara (Chhattisgarh)
2. Competent Officer / Special Land Acquisition Officer Simga, District Baloda Bazaar-Bhatapara (Chhattisgarh)
3. Additional Collector Baloda Bazar / Arbitrator, Baloda Bazaar (Chhattisgarh)
---- Respondent ARBA No. 18 of 2021 Union Of India, Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar Raipur, Chhattisgarh. Now, National Highways Authority Of India, Through The Project Director, Project Implementation Unit, D- 61, HIG-I, Abhilasha Parisar, Behind Hi-Tech Bus Stand, Tifra, Bilsapur Chhattisgarh ---- Appellant Versus
1. Manaram Sonker, S/o Khorbahra Aged About 52 Years R/o Ward No.
15, Village And Post Simga, District Baloda Bazaar- Bhatapara Chhattisgarh
2. Competent Officer / Special Land Acquisition Officer, Simga, District Baloda Bazaar- Bhatapara Chhattisgarh
3. Additional Collector, Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh ---- Respondent ARBA No. 20 of 2021 Union Of India Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh. Now, National Highways Authority Of India, Through The Project Director, Project Implementation Unit, D- 61, HIG- I, Abhilasha Parisar, Behind Hi-Tech, Bus Stand, Tifra, Bilaspur, Chhattisgarh.
---- Appellant Versus
1. (a) Islam Bi, Age about 60 years, W/o late Shri Safi Mohammad (b) Pyar Mohammad, age 35 years, S/o Late Shri Safi Mohammad (c) Nasima, age 32 years, D/o Late Safi Mohammad All Legal heirs of late Shri Safi Mohammad, Through Power of Attorney Holder Shri Sharif Mohammad, age about 53 years, S/o late Umerdaraj, R/o and No.14, Village Post Simga, Police Station Simga, District Baloda Bazar-Bhatapara, Chhattisgarh
2. Competent Officer/ Special Land Acquisition Officer Simga, District-
Baloda Bazar- Bhatapara, Chhattisgarh.
3. Additional Collector Baloda Bazaar/ Arbitrator, Baloda Bazaar, Chhattisgarh.
---- Respondent ARBA No. 21 of 2021 Union Of India, Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Sitaram, S/o Tetku, Aged About 57 Years R/o Ward No. 12, Village And Post Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer, Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
3. Additional Collector, Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 22 of 2021 Union Of India, Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Banshi Sonker, S/o Bhakadu Sonker, Aged About 64 Years R/o Ward No. 12, Village And Post Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer, Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
3. Additional Collector, Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 23 of 2021 Union Of India Through The Ministry Of Road Transport And Highways New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur Chhattisgarh.
---- Appellant Versus
1. Dhanush Kumar S/o Jeevan Lal Devangan Aged About 55 Years R/o Ward No. 12, Village And Post Simga, District Baloda Bazaar Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer Simga, District Baloda Bazaar Bhatapara Chhattisgarh.
3. Additional Collector Baloda Bazaar/Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 24 of 2021 Union Of India Through The Ministry Of Road Transport And Highways New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur Chhattisgarh., ---- Appellant Versus
1. Tulsidas S/o Late Shyamlal Aged About 61 Years R/o Avrethi, Tahsil Simga, District Baloda Bazaar Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer Simga, District Baloda Bazaar Bhatapara Chhattisgarh.
3. Additional Collector Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 25 of 2021 Union Of India Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Mehtarin Wd/o Domra Sonkar (Dead) Through Legal Heirs 1 (a)
Hariprasad Sonkar, 1(b) Rameshwar Sonkar, 1(c) Ramkhilawan Sonkar, 1(d) Haldhar Sonkar, And 1(e) Hemlal Sonkar, 1(a) to 1(e) Are Sons Of Domra Sonkar and Are Residents Of Village Simga, Tahsil Simga, District Baloda Bazaar-Bhatapara (Chhattisgarh), 2. Competent Officer / Special Land Acquisition Officer Simga, District Baloda Bazaar-Bhatapara (Chhattisgarh)
3. Additional Collector Baloda Bazaar / Arbitrator, Baloda Bazaar (Chhattisgarh), ---- Respondent ARBA No. 26 of 2021 Union Of India Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Janak Sonker S/o Baisakhu Aged About 44 Years R/o Ward No. 12, Village And Post Simga, District Baloda Bazaar-Bhatapara (Chhattisgarh)
2. Omprakash Sonker S/o Baisakhu Aged About 42 Years R/o Ward No.
12, Village And Post Simga, District Baloda Bazaar-Bhatapara (Chhattisgarh)
3. Competent Officer / Special Land Acquisition Officer Simga, District Baloda Bazaar-Bhatapara (Chhattisgarh)
4. Additional Collector Baloda Bazaar / Arbitrator, Baloda Bazaar (Chhattisgarh)
---- Respondent ARBA No. 27 of 2021 Union Of India Through The Ministry Of Road Transport And Highways, New Delhi. Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Fekuram Sonker S/o Guhan Sonker Aged About 46 Years R/o Ward No.4, Village And Post- Simga, District- Baloda- Bazaar- Bhatapara, Chhattisgarh.
2. Munni Bai D/o Guhan Sonker Aged About 38 Years Through Power Of Attorney Holder Respondent No. 1 -Fekuram Sonker, R/o Ward No.4, Village And Post- Simga, District- Baloda- Bazaar- Bhatapara, Chhattisgarh.
3. Basanti Bai D/o Guhan Sonker Aged About 36 Years Through Power Of Attorney Holder Respondent No.1-Fekuram Sonker, R/o Ward No.4, Village And Post- Simga, District- Baloda- Bazaar- Bhatapara, Chhattisgarh.
4. Laxmi Bai D/o Guhan Sonker Aged About 34 Years Through Power Of Attorney Holder Respondent No.1-Fekuram Sonker, R/o Ward No.4, Village And Post- Simga, District- Baloda- Bazaar- Bhatapara, Chhattisgarh.
5. Budhiyarin Bai W/o Guhan Sonker Aged About 38 Years Through Power Of Attorney Holder Respondent No.1-Fekuram Sonker, R/o Ward No.4, Village And Post- Simga, District- Baloda- Bazaar-
Bhatapara, Chhattisgarh.
6. Competent Officer/ Special Land Acquisition Officer Simga, District-
Baloda Bazaar- Bhatapara, Chhattisgarh.
7. Additional Collector Baloda Bazaar/ Arbitrator, Baloda Bazaar, Chhattisgarh.
---- Respondent ARBA No. 28 of 2021 Union Of India Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Keja Bai Sonker D/o Buddhu Sonker Aged About 42 Years Through Power Of Attorney Holder Banshi Sonker, S/o Bhaou Sonker, A/a 64 Years, R/o Mahamaya Ward-15, Village And Post- Simga, District-
Baloda Bazaar- Bhatapara, Chhattisgarh.
2. Competent Officer/ Special Land Acquisition Officer Simga, District-
Baloda Bazaar- Bhatapara, Chhattisgarh.
3. Additional Collector Baloda Bazaar/ Arbitrator, Baloda Bazaar, Chhattisgarh.
---- Respondent ARBA No. 29 of 2021 Union Of India Through The Ministry Of Road Transport And Highways New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur Chhattisgarh.
---- Appellant Versus
1. Shatruhan Sonker S/o Bhakadu Sonkar Aged About 57 Years Through General Power Of Attorney Jivrakhan, S/o Bhakadu Sonkar, R/o Shitlapara, Ward No. 15, Mahamaya Ward Simga, Tahsil Simga, District Baloda Bazar-Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer Simga, District Baloda Bazaar Bhatapara Chhattisgarh.
3. Additional Collector Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 30 of 2021 Union Of India Through The Ministry Of Road Transport And Highways New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur Chhattisgarh.
---- Appellant Versus
1. Rajkumar Mandal S/o Ajit Mandal (Bangali) Aged About 51 Years R/o Village And Post Simga, District Baloda Bazar-Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer Simga, District Baloda Bazaar Bhatapara Chhattisgarh.
3. Additional Collector Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 31 of 2021 Union Of India, Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Smt Anusuiya, D/o Ledga Sonker, Aged About 44 Years R/o Village Simga, Tahsil Simga, District Baloda Bazaar - Bhatapara (C.G.) Through General Power Of Attorney Rajaram, S/o Guhan Sonker, R/o Village Simga, Tahsil Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer, Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
3. Additional Collector, Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 32 of 2021 Union Of India Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhatisgarh.
---- Appellant Versus
1. Bhakadu Sonker S/o Telku Sonkar Aged About 64 Years Through General Power Of Attorney Jivrakhan, S/o Bhakadu Sonkar, R/o Simga, Tahsil Simga, District Baloda Bazaar-Bhatapara (Chhattisgarh)
2. Competent Officer / Special Land Acquisition Officer Simga, District Baloda Bazaar-Bhatapara (Chhattisgarh)
3. Additional Collector Baloda Bazaar-Bhatapara (Chhattisgarh)
---- Respondent ARBA No. 33 of 2021 Union Of India Through The Ministry Of Road Transport And Highways, New Delhi Through The Project Director, National Highways Authority Of India Project Implementation Unit, Shankar Nagar, Raipur Chhattisgarh, Now National Highways Authority Of India Through The Project Director , Project Implementation Unit, D - 61, HIG I, Abhilasha Parisar, Behind Hi Tech Bus Stand , Tifra Bilaspur Chhattisgarh ---- Appellant Versus
1. Holaram Panjwani S/o Late Jamiyatmal Panjwani Aged About 72 Years Through Its Power Of Attorney Holder Chetandas Panjwani , S/o Late Jamiyatmal Panjwani, Aged About 72 Years, R/o Ward No. 4, Village And Post Simga , District Baloda Bazar Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer Simga , District Baloda Bazar Bhatapara Chhattisgarh.
3. Additional Collector Baloda Bazaar / Arbitrator, Baloda Bazar Chhattisgarh.
---- Respondent ARBA No. 34 of 2021 Union Of India Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Nandkishore S/o Late Gajpat Maratha Aged About 47 Years R/o Village- Simga, District- Baloda Bazaar- Bhatapara, Chhattisgarh.
2. Smt. Nisha Morkhe W/o Narayan Rao Morkhe R/o Nagpur, Maharashta.
3. Smt. Shashi Pawar W/o Subhodh Pawar D/o Gajpat Rao Maratha, R/o Balod, Chhattisgarh.
4. Smt. Manjula Gawde W/o Arun Rao D/o Gajpat Rao Maratha, R/o Chandrapur, Maharashtra.
5. Kum. Sanjula Bhosle D/o Gajpat Rao Maratha R/o Simga, District-
Baloda Bazaar- Bhatapara, Chhattisgarh.
6. Kum. Ragini Bhosle D/o Gajpat Rao Maratha R/o Simga, Tahsil-
Simga, District- Baloda- Bazaar- Bhatapara, Chhattisgarh.
7. Smt. Anita Rani Through Nandkishore Bhosle.
Respondents No.2 to 7 through General Power of Attorney Nandkishore Bhosle, son of Late Gajpat Rao Bhosle, R/o Simga, Tehsil Simga, District Balodabazar-Bhatapara, Chhattisgarh
8. Competent Officer/ Special Land Acquisition Officer Simga, District-
Baloda Bazaar- Bhatapara, Chhattisgarh.
9. Additional Collector Baloda Bazaar/ Arbitrator, Baloda Bazaar, Chhattisgarh.
---- Respondent ARBA No. 35 of 2021 Union Of India, Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Shatrughan Sonker, S/o Bhakadu Sonker, Aged About 62 Years Through General Power Of Attorney Jivrakhan, S/o Bhakadu Sonkar, R/o Shitlapara, Ward No. 11, Mahamaya Ward, Simga, Tahsil Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer, Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
3. Additional Collector, Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 36 of 2021 Shatrughan Sonker S/o Bhakadu Sonkar Aged About 60 Years Through Power Of Attorney Holder Jeevrakhan Sonkar Age About 55 Years, S/o Bhakhadu Sonkar, R/o Ward No. 11, Village Post Simga, District Baloda Bazar Bhatapara, Chhattisgarh ---- Appellant Versus
1. Union Of India Through Ministry Of Highways Development And Road Transport New Delhi, Through Project Director National Highways Authority Of India (NHAI) Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh
2. Competent Authority/ Special Land Acquisition Officer, Simga District Baloda Bazar-Bhatapara, Chhattisgarh
3. Upper Collector Baloda Bazar/ Arbitrator Baloda Bazar, District-
Baloda Bajar-Bhatapara, Chhattisgarh ---- Respondent ARBA No. 37 of 2021
1. Nandkishor Bhosale S/o Late Gajpat Maratha Aged About 48 Years R/o Village Simga, District Baloda Bazar-Bhatapara, Chhattisgarh.
2. Shrimati Nisha Gorakhe W/o Narayan Rao Gorakhe Aged About 64 Years R/o Nagpur Maharashtra.
3. Shrimati Shashi Pawar W/o Subodh Pawar, D/o Gajpat Rao Maratha Aged About 45 Years R/o Balod District Balod, Chhattisgarh.
4. Shrimati Manjula Gaawade W/o Arun Rao, D/o Gajpat Rao Maratha Aged About 43 Years R/o Chandrapur Maharashtra.
5. Miss Sanjula Bhosale D/o Late Gajpat Maratha Aged About 41 Years R/o Village Simga, District Baloda Bazar-Bhatapara, Chhattisgarh.
6. Miss Ragini Bhosale D/o Late Gajpat Maratha Aged About 34 Years R/
o Village Simga, District Baloda Bazar-Bhatapara, Chhattisgarh.
7. Shrimati Anita Rani D/o Late Gajpat Maratha Aged About 42 Years R/
o Village Simga, District Baloda Bazar-Bhatapara, Chhattisgarh.
Appellants No.2 to 7 Through General Power Of Attorney Holder Nandkishor Bhosale, S/o Late Gajpat Maratha, Aged About 48 Years, R/o Village Simga, District Baloda Bazar-Bhatapara, Chhattisgarh.
---- Appellant Versus
1. Union Of India Through Ministry Of Highways Development And Road Transport New Delhi, Through Project Director National Highways Authority Of India (NHAI), Project Implementation Unit, Shankar Nagar Raipur, 2. Competent Authority / Special Land Acquisition Officer Simga District Baloda Bazar-Bhatapara, Chhattisgarh.
3. Upper Collector Baloda Bazar / Arbitrator Baloda Bazar District Baloda Bazar- Bhatapara, Chhattisgarh.
---- Respondent ARBA No. 39 of 2021 Union Of India, Through The Ministry Of Road Transport And Highways, New Delhi, Through The Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, Chhattisgarh.
---- Appellant Versus
1. Smt. Salma Bano W/o Farukh Menan, Aged About 47 Years R/o Simga, Tahsil Simga, District Baloda Bazar Bhatapara, Chhattisgarh.
2. Competent Officer / Special Land Acquisition Officer, Simga, District Baloda Bazaar - Bhatapara Chhattisgarh.
3. State Of Chhattisgarh Through Land Execution Officer SDO (Revenue)
District Baloda Bazaar Bhatapara Chhattisgarh.
4. Additional Collector, Baloda Bazaar / Arbitrator, Baloda Bazaar Chhattisgarh.
---- Respondent ARBA No. 40 of 2021 Keja Bai Sonker D/o Buddhu Sonker Aged About 42 Years Through Power Of Attorney Holder Banshi Sonker, Aged About 62 Years, S/o Bhaou Sonker, R/o Mahamaya Ward No. 15 Simga, District Baloda Bazar Chhattisgarh.
---- Appellant Versus
1. Union Of India Through Ministry Of Highways Development And Road Transport New Delhi, Through Project Director National Highways Authority Of India (NHAI), Project Implementation Unit, Shankar Nagar Raipur.
2. Competent Authority / Special Land Acquisition Officer Simga, District Baloda Bazar-Bhatapara, Chhattisgarh.
3. Upper Collector Baloda Bazar / Arbitrator Baloda Bazar District Baloda Bazar-Bhatapara, Chhattisgarh.
---- Respondent ARBA No. 41 of 2021 Smt. Anusuiya Sonker D/o Ledga Sonker Aged About 47 Years Through Power Of Attorney Holder Rajaram Sonker , Age 60 Years, S/ o Late Guhan Sonker , R/o Ward No. 02, Village Post Simga District Baloda Bazar Bhatapara Chhattisgarh.
---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways , Department Of Road Transport And Highways , New Delhi, Through Its Project Director, National Highway Authority Of India, Through Project Director, Project Implementation Unit, Shanker Nagar, Raipur District Raipur Chhattisgarh.
2. Additional Collector / Arbitrator Balodabazaar Bhatapara District Baloda Bazar Bhatapara Chhattisgarh.
3. Sub Divisional Office (Rev) And Competent Authority Under The National Highways Act , 1956 And Land Acquisition Officer, Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondent Dhanush Kumar S/o Jeevan Lal Devangan Aged About 55 Years R/o Ward No. 12, Simga, District Baloda Bazar Chhattisgarh.
---- Appellant Versus
1. Union Of India Through Ministry Of Highways Development And Road Transport New Delhi, Through Project Director National Highways Authority Of India (NHAI), Project Implementation Unit, Shankar Nagar Raipur.
2. Competent Authority / Special Land Acquisition Officer Simga, District Baloda Bazar-Bhatapara, Chhattisgarh.
3. Upper Collector Baloda Bazar / Arbitrator Baloda Bazar District Baloda Bazar-Bhatapara, Chhattisgarh.
---- Respondent ARBA No. 44 of 2021 Banshi Sonker S/o Late Bhaou Sonker Aged About 71 Years R/o Ward No. 15, Mahamaya Ward, Village Post Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi, Through Its Project Director, National Highway Authority Of India, Through Project Director, Project Implementation Unit, Shanker Nagar, Raipur, District Raipur Chhattisgarh.
2. Additional Collector / Arbitrator, Balodabazar Bhatapara District Baloda Bazar Bhatapara Chhattisgarh.
3. Sub Divisional Officer (Rev) And Competent Authority Under The National Highways, Act 1956 And Land Acquisition Officer, Simga, District Balodabazar Bhatapara Chhattisgarh.
---- Respondent ARBA No. 45 of 2021
1. Janak Sonker S/o Late Baisakhu Sonker Aged About 47 Years R/o Ward No. 12, Village - Post - Simga, District- Baloda Bazar-Bhatapara (Chhattisgarh)
2. Omprakash Sonker S/o Late Baisakhu Sonker Aged About 45 Years R/
o Ward No. 12, Village - Post - Simga, District- Baloda Bazar-
Bhatapara (Chhattisgarh), ---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi, Through Its Project Director, National Highways Authority Of India, Through Project Director, Project Implementation Unit, Shanker Nagar, Raipur, District - Raipur (Chhattisgarh)
2. Additional Collector / Arbitrator Balodabazar-Bhatapara, District Baloda-Bazar-Bhatapara (Chhattisgarh)
3. Sub Divisional Officer (Rev) And Competent Authority Under The National Highways Act 1956 And Land Acquisition Officer, Simga, District - Balodabazar-Bhatapara (Chhattisgarh)
---- Respondent ARBA No. 46 of 2021 Sunder Lal S/o Late Hincharam Aged About 58 Years R/o Ward No. 4, Village Post Simga, District Baloda Bazar-Bhatapara Chhattisgarh ---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi, Through Its Project Director, National Highways Authority Of India, Through Project Director, Project Implementation Unit Shanker Nagar, Raipur District Raipur Chhattisgarh
2. Additional Collector/arbitrator Baloda Bazar-Bhatapara District Baloda Bazar-Bhatapara Chhattisgarh
3. Sub Divisional Officer (Rev) And Competent Authority Under The National Highways, Act, 1956 And Land Acquisition Officer, Simga, District Baloda Bazar-Bhatapara Chhattisgarh ---- Respondent ARBA No. 48 of 2021 Sitaram S/o Tetku Aged About 57 Years R/o Ward No 12 Village Post Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Appellant Versus
1. Union Of India Through Ministry Of Highways Development And Road Transport New Delhi, Through Project Director National Highways Authority Of India (N H A I), Project Implementation Unit, Shankar Nagar Raipur Chhattisgarh.
2. Competent Authority / Special Land Acquisition Officer, Simga District Baloda Bajar - Bhatapara, Chhattisgarh.
3. Upper Collector Baloda Bazar / Arbitrator Baloda Bazar District Baloda Bajar - Bhatapara, Chhattisgarh.
---- Respondent ARBA No. 49 of 2021
1. Hariprashad Sonker S/o Late Domra Sonker Aged About 60 Years R/o Ward No. 2, Village Post Simga , District Baloda Bazar Bhatapara Chhattisgarh.
2. Rameshwer Sonker S/o Late Domra Sonker Aged About 58 Years Through Its Power Of Attorney Holder Appellant No.1-Hariprashad Sonker, R/o Ward No. 2, Village Post Simga , District Baloda Bazar Bhatapara Chhattisgarh.
3. Ram Khilawan S/o Late Domra Sonker Aged About 50 Years Through Its Power Of Attorney Holder Appellant No.1-Hariprashad Sonker, R/o Ward No. 2, Village Post Simga , District Baloda Bazar Bhatapara Chhattisgarh.
4. Haldhar Sonker S/o Late Domra Sonker Aged About 45 Years Through Its Power Of Attorney Holder Appellant No.1-Hariprashad Sonker, R/o Ward No. 2, Village Post Simga , District Baloda Bazar Bhatapara Chhattisgarh.
5. Hemlal Sonker S/o Late Domra Sonker Aged About 47 Years Through Its Power Of Attorney Holder Appellant No.1-Hariprashad Sonker, R/o Ward No. 2, Village Post Simga , District Baloda Bazar Bhatapara Chhattisgarh.
---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways , Department Of Road Transport And Highways New Delhi, Through Its Project Director, National Highway Authority Of India, Through Project Director , Project Implementation Unit, Shanker Nagar, Raipur District Raipur Chhattisgarh.
2. Additional Collector / Arbitrator Balodabazar Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh.
3. Sub Divisional Officer (Rev) And Competent Authority Under The National Highways Act 1956 And Land Acquisition Officer, Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondent ARBA No. 50 of 2021
1. Anuj S/o Late Dhunari Aged About 60 Years R/o Bhantipara, Ward No.
14, Village And Post- Simga, District- Baloda Bazar- Bhatapara, Chhattisgarh.
2. Ashok S/o Late Dhunari Aged About 45 Years R/o Bhantipara, Ward No. 14, Village And Post- Simga, District- Baloda Bazar- Bhatapara, Chhattisgarh. Through Its Power Of Attorney Holder Appellant No.1-
Anuj.
3. Rajkumar S/o Late Dhunari Aged About 40 Years R/o Bhantipara, Ward No. 14, Village And Post- Simga, District- Baloda Bazar- Bhatapara, Chhattisgarh. Through Its Power Of Attorney Holder Appellant No.1-Anuj.
4. Kamla Bai W/o Gangaram Aged About 40 Years R/o Bhathgaon, Raipur, District- Raipur, Chhattisgarh. Through Its Power Of Attorney Holder Appellant No.1-Anuj.
5. Vimla Bai W/o Chatrapal Aged About 43 Years R/o Village- Titurghat, Tahsil- Dhamdha, District- Durg, Chhattisgarh. Through Its Power Of Attorney Holder Appellant No.1-Anuj.
---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways , Department Of Road Transport And Highways, New Delhi, Through Its Project Director, National Highway Authority Of India, Through Project Director, Project Implementation Unit, Shanker Nagar, Raipur, District- Raipur, Chhattisgarh.
2. Additional Collector/ Arbitrator Balodabazar- Bhatapara, District-
Baloda Bazar- Bhatapara, Chhattisgarh
3. Sub Divisional Officer (Revenue) And Competent Authority Under The National Highways Act 1956, And Land Acquisition Officer, Simga, District- Balodabazar- Bhatapara, Chhattisgarh.
---- Respondent ARBA No. 51 of 2021 Tulsiram Dewangan S/o Pilwaram Dewangan Aged About 72 Years R/o Ward No. 4, Village Post Simga , District Baloda Bazar Bhatapara Chhattisgarh.
---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways , Department Of Road Transport And Highways New Delhi, Through Its Project Director, National Highway Authority Of India, Through Project Director , Project Implementation Unit, Shanker Nagar, Raipur District Raipur Chhattisgarh.
2. Additional Collector / Arbitrator Balodabazar Bhatapara , District Baloda Bazar Bhatapara Chhattisgarh.
3. Sub Divisional Officer (Rev) And Competent Authority Under The National Highways Act 1956 And Land Acquisition Officer, Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondent ARBA No. 52 of 2021 Rajkumar Mandal S/o Ajit Mandal (Bangali) Aged About 52 Years R/o Village Post Simga, P. S. Simga, District Baloda Bazar-Bhatapara Chhattisgarh ---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi, Through Its Project Director, National Highways Authority Of India, Through Project Director, Project Implementation Unit Shanker Nagar, Raipur District Raipur Chhattisgarh
2. Additional Collector/arbitrator Baloda Bazar-Bhatapara District Baloda Bazar-Bhatapara Chhattisgarh
3. Sub Divisional Officer (Rev) And Competent Authority Under The National Highways, Act, 1956 And Land Acquisition Officer, Simga, District Baloda Bazar-Bhatapara Chhattisgarh ---- Respondent ARBA No. 53 of 2021 Holaram Panjwani, (Wrongly Mentioned In The Order), S/o Late Jamiyatmal Panjwani, Aged About 74 Years Through Its Power Of Attorney Holder Chetan Das Panjwani, Age About 73 Years, R/o Ward No. 4, Village - Post - Simga, Police Station - Simga, District - Baloda Bazar - Bhatapara Chhattisgarh.
---- Appellant Versus
1. Government Of India, Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi, Through Its Project Director, National Highway Authority Of India, Through Project Director, Project Implementation Unit, Shanker Nagar, Raipur, District - Raipur Chhattisgarh.
2. Additional Collector / Arbitrator, Balodabazar - Bhatapara, District Baloda - Bazar - Bhatapara Chhattisgarh.
3. Sub Divisional Officer (Rev) And Competent Authority Under The National Highways, Act, 1956 And Land Acquisition Officer, Simga, District - Balodabazar - Bhatapara Chhattisgarh.
---- Respondent Bhakadu Sonker Since Deceased Through His Legal Heir Jeevrakhan Sonekar Through Power Of Attorney Holder Jeevrakhan Sonker Aged About 55 Year S/o Bhakhadu Sonker R/o Ward No. 11 Village Post Simga District Baloda Bazar-Bhatapara Chhattisgarh ---- Appellant Versus
1. Union Of India Through Ministry Of Highways Development And Road Transport New Delhi, Through Project Director National Highways Authority Of India (NHAI) Project Implementation Unit Shankar Nagar Raipur Chhattisgarh
2. Competent Authority / Special Land Acquisition Officer Simga District Baloda Bazar-Bhatapara Chhattisgarh
3. Upper Collector Baloda Bazar/arbitrator Baloda Bazar District Baloda Bazar-Bhatapara Chhattisgarh ---- Respondent ARBA No. 57 of 2021 Manaram Sonker, aged about 50 years, S/o Khorbahara, R/o Ward No.15, Village & Post Simga, District Balodabazar-Bhatapara (CG)
---- Appellant Versus
1. Union Of India Through Ministry Of Highways Development And Road Transport New Delhi, Through Project Director, National Highways Authority Of India (NHAI), Project Implementation Unit, Shankar Nagar Raipur.
2. Competent Authority / Special Land Acquisition Officer Simga, District Baloda Bazar - Bhatapara, Chhattisgarh.
3. Upper Collector Baloda Bazar / Arbitrator Baloda Bazar District Baloda Bajar - Bhatapara, Chhattisgarh.
---- Respondent ARBA No. 58 of 2021 Mohd. Farukh Memon, S/o Late Shri Haji Habib, Aged About 66 Years R/o Ward No. 13, Village - Post - Simga, District - Baloda Bazar -
Bhatapara Chhattisgarh.
---- Appellant Versus
1. Government Of India, Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi, Through Its Project Director, National Highway Authority Of India, Through Project Director, Project Implementation Unit, Shanker Nagar, Raipur, District - Raipur Chhattisgarh.
2. Competent Authority / Land Acquisition Officer Under The National Highways Act, 1956 Bhatapara, District - Balodabazar - Bhatapara Chhattisgarh.
3. State Of Chhattisgarh, Through Sub Divisional Officer (Rev), Land Acquisition Officer, Bhatapara, District - Balodabazar - Bhatapara Chhattisgarh.
4. Additional Collector / Arbitrator, Balodabazar - Bhatapara, District Baloda - Bazar - Bhatapara Chhattisgarh.
---- Respondent ARBA No. 59 of 2021 Salma Bano W/o Shri Mohd. Farukh Memon at present Aged About 51 Years R/o Ward No. 13, Village- Post - Simga, District - Baloda Bazar-
Bhatapara (Chhattisgarh)
---- Appellant Versus
1. Government Of India Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi, Through Its Project Director, National Highway Authority Of India, Through Project Director, Project Implementation Unit, Shanker Nagar, Raipur, District - Raipur (Chhattisgarh)
2. Competent Authority / Land Acquisition Officer Under The National Highways Act, 1956 Bhatapara District - Balodabazar-Bhatapara (Chhattisgarh)
3. State Of Chhattisgarh Through Sub Divisional Officer (Rev), Land Acquisition Officer, Bhatapara, District - Balodabazar-Bhatapara (Chhattisgarh)
4. Additional Collector / Arbitrator Balodabazar-Bhatapara, District Baloda-Bazar-Bhatapara (Chhattisgarh) s ---- Respondent ARBA No. 38 of 2021 Union Of India Through Ministry Of Road Transport and Highways New Delhi, Through Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar Raipur, Chhattisgarh, now National Highway Authority of India, through the Project Director, Project Implementation Unit, D-61, HIG-1, Abhilasha Parisar, behind Hi-Tech Bus Stand, Tifra, Bilaspur (CG)
---- Appellant Versus
1. Farukh Memon, son of Hazi Habib, aged about 62 years, R/o Village &
Post Simga, District Balodabazar-Bhatapara (CG)
2. Competent Officer/Special Land Acquisition Officer, Simga, District Balodabazar-Bhatapara (CG)
3. State of Chhattisgarh, through Land Execution Officer, SDO (Revenue), Bhatapara (CG)
4. Additional Collector, Balodabazar/Arbitrator, Balodabazar (CG)
---- Respondent For Appellant/NHAI : Shri Dhiraj Kumar Wankhede, Standing Counsel with Shri Shahil Singh, Advocate.
For Claimants/Private Individuals : Shri Sudeep Shrivastava and Shri Yogesh Pandey, Advocates.
For Respondent/State : Shri Samir Uraon, Govt. Advocate.
Hon'ble Shri Deepak Kumar Tiwari, J
C A V JUDGMENT
1. The aforesaid Appeals are being disposed of by this common judgment, as common question of law is involved for adjudication.
2. The admitted facts of the case are as under:-
it is admitted fact that the NHAI had issued a notification under Section
3(A) of the National Highways Act, 1956 (henceforth ‘the Act, 1956’) with an intention to acquire the land on Bilaspur-Raipur National Highway No.200/30 of Balodabazar-Bhatapara Section for its four-
laning/six-laning on 31st May, 2011.
the claimants are the land owners/land losers whose lands were sought to be acquired for the said project.
after completing the formalities declaration of acquisition has been made on 11.11.2011 under Section 3 (D) of the Act, 1956.
under the provisions of Section 3-G of the Act, 1956, the Competent Authority/Land Acquisition Officer i.e. the Sub Divisional Officer (Revenue), Bhatapara initially passed an award on 11th October, 2012 and calculated the compensation at the rate of Rs.23,76,000/- per hectares according to the guidelines for the market value of agricultural land for the year 2011-12.
the claimants were not satisfied with the amount so determined for compensation, therefore, the Additional Collector, Balodabazar- Bhatapara was appointed as an Arbitrator under Section 3-G (5) of the Act, 1956. The Arbitrator i.e. the Additional Collector refused to enhance the award amount and confirmed the order passed by the Competent Authority vide its order dated 28th October, 2015.
the claimants had challenged the arbitral award dated 28th October, 2015 before the District Judge, Balodabazar under Section 34 of the Arbitration and Conciliation Act, 1996 (henceforth ‘the Act, 1996’). By order dated 17th May, 2018, the District Judge partly allowed the petitions/applications and remitted the matter back to the Arbitrator for fresh adjudication. The District Judge has observed in para-41 of the said order that in the guidelines for the year 2011-12, there was ambiguity in the rates of the lands which are situated to the extent of 20 meter depth from the road and the calculation was made as the land was more than 2020 square meter. Therefore, differentiate rate of per hectare was applicable and not at the rate of per square meter. In such cases though the land is adjoining to the road, therefore, on this score, the District Judge has observed that the rule is not clear and ambiguous and hence the case was remitted back.
after the remand, the Additional Collector, Balodabazar/Arbitrator instead of passing a fresh award, either enhancing or refusing to enhance the amount of compensation, referred the matter to the Land Acquisition Officer for re-calculating the award amount vide order dated 17th January, 2019. However, in the said order, it was observed that Rs.11,520/- per square meter, the market rate of the land, would be applicable.
the Land Acquisition Officer/Competent Authority/SDO (Revenue), Simga, District Balodabazar has again recomputed the award amount and passed the order dated 3rd May, 2019 and re-affirmed the calculation and total compensation amount which was awarded earlier by order dated 11th October, 2012.
the claimants being aggrieved with the order passed by the SDO (Revenue)/Competent Authority on 3rd May, 2019 refusing to amend/modify the original award, challenged the same by way of filing writ petitions bearing number WPC No.1850/2019 and other connected matters. Vide orders dated 17th June, 2019 & 27th June, 2019, liberty was given to the petitioners therein that they may move before the District Judge under Section 34 of the Act, 1996 to assail the order passed by the Competent Authority and also the order passed by the Arbitrator i.e. Additional Collector on 17th January, 2019. It was also directed that the cases shall be dealt with on its own merits without raising plea of limitation provided the petitioners move before the District Judge within a period of 30 days from the order.
The District Judge, Bal
