Project Director National ... vs Amit Sharma
2022 Latest Caselaw 785 Chatt

                                    1

              (Proceedings through Video Conferencing)
                                                                  NAFR

           HIGH COURT OF CHHATTISGARH, BILASPUR


                          WA No. 374 of 2020

1.   Project Director National Highway Authority of India Project
     Implementation Unit, Shankar Nagar Raipur, District Raipur,
     Chhattisgarh, District Raipur, Chhattisgarh.

     Present Correct Address- Project Director National Highway
     Authority Of India, Project Implementation Unit- Dhamtari, F-5,
     Shivraj Greens, Sihawa Road, Dhamtari, Chhattisgarh,
     Chhattisgarh

2.   Union of India Through Secretary, Ministry Of Road, Transport And
     Highways, New Delhi, District- New Delhi, Delhi

                                                          ---- Appellants

                                 Versus

1.   Vijay Laxmi Mishra W/o Hukum Prasad Mishra Aged About 61
     Years (Owner Of Land Bearing Khasra No. 370/2, 370/3 And 370/7
     At Village Mana) R/o Professor Colony Raipur Chhattisgarh, District
     Raipur, Chhattisgarh.

2.   State Of Chhattisgarh Through- The Secretary, Public Works
     Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya
     Raipur, District- Raipur, Chhattisgarh.

3.   State Of Chhattisgarh Through- The Secretary, Department Of
     Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya
     Raipur, District- Raipur, Chhattisgarh.

4.   Chief Engineer Public Works Department (National Highway
     Division), Raipur, District Raipur, Chhattisgarh.

5.   Sub Divisional Officer (Revenue) / Competent Authority (National
     Highway), Raipur, District Raipur, Chhattisgarh.

6.   Collector Raipur, District Raipur Chhattisgarh.

                                                       ---- Respondents

WA No. 375 of 2020

1. Project Director National Highway Authority of India Project Implementation Unit, Shankar Nagar Raipur, District Raipur , Chhattisgarh, District Raipur Chhattisgarh, Present Correct Address Project Director National Highway Authority of India,

Project Implementation Unit Dhamtari, F-5, Shivraj Greens, Sihawa Road, Dhamtari Chhattisgarh.

2. Union of India Through Secretary, Ministry Of Road , Transport And Highways, New Delhi, District New Delhi , Delhi.

---- Appellants

Versus

1. Amit Sharma S/o Ramanuj Sharma Aged About 41 Years R/o Professor Colony, Raipur , District Raipur Chhattisgarh, Petitioner Joint Owners Of Part Of Land Khasra No 383/1, Village Mana, District Raipur , District Raipur , Chhattisgarh, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Mahesh Kukreja S/o Jairam Kukreja Aged About 42 Years R/o Civil Lines Raipur , District Raipur Chhattisgarh, Petitioner Joint Owner Of Part of Land Khasra No 383/1, Village Mana, District Raipur , Chhattisgarh, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. State of Chhattisgarh Through The Secretary, Public Works Department , Mantralaya, Mahanadi Bhawan, Atal Ngar, Naya Raipur, District Raipur, Chhattisgarh.

4. State of Chhattisgarh Through The Secretary, Department of Revenue , Mantralaya , Mahanadi Bhawan, Atal Nagar , Naya Raipur, District Raipur Chhattisgarh.

5. Chief Engineer Public Works Department (National Highway Division) Raipur District Raipur Chhattisgarh, District Raipur Chhattisgarh.

6. Sub Divisional Officer (Revenue) / Competent Authority (National Highway), Raipur , District Raipur Chhattisgarh.

7. Collector Raipur District Raipur Chhattisgarh.

---- Respondents

(Cause-title taken from Case Information System)

For Appellants : Mr. B. Gopa Kumar, Advocate. For Respondents / State : Mr. R.M. Solapurkar, Government Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri N. K. Chandravanshi, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

15.02.2022

Mr. B. Gopa Kumar, learned counsel for the appellants submits that

the order dated 27.11.2018 passed in WPC No.3197 of 2018 (relatable to

WA No.374 of 2020) and the order dated 27.11.2018 passed in WPC

No.3199 of 2018 (relatable to WA No.375 of 2020) of the learned Single

Judge, assailed in these appeals, was on the basis of a judgment

rendered by a Division Bench of this Court dated 18.07.2018 in WPC No.

1961 of 2018 (Mahadev Gond v. State of Chhattisgarh and Others ). He

submits that the appellants have challenged the aforesaid order passed

in Mahadev Gond (supra) before the Hon'ble Supreme Court, and the

Hon'ble Supreme Court has suspended the order dated 18.07.2018

passed in Mahadev Gond (supra).

2. He submits that these appeals may be disposed of at this juncture

with liberty to the appellants to assail the orders of the learned Single

Judge in case any necessity arises in future after disposal of Mahadev

Gond (supra) by the Hon'ble Supreme Court.

3. Mr. R.M. Solapurkar, learned Government Advocate, appearing for

the respondents No. 2 to 6, has no objection.

4. Accordingly, the writ appeals stand disposed of with liberty as

prayed for by Mr. B. Gopa Kumar.

                Sd/-                                    Sd/-
      (Arup Kumar Goswami)                    (N. K. Chandravanshi)
           Chief Justice                              Judge




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