High CourtsSingle Bench(2018) 03 CHH CK 0250

SMT. NEETA BHATT vs SMT. SHAMMI ABIDI

Chhattisgarh High Court · Decided on 23 March 2018

HON’BLE JUDGES
PRASHANT KUMAR MISHRA
RESULT
Disposed Of
CASE NUMBER
CONT No. 771 of 2017

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Judgment

8 paragraphs · 188 words

1) At the very outset, learned counsel appearing for the respondents/ contemnors would submit that the petitioner's land having been acquired for

construction of East Rail Corridor Project under the Indian Railways, the issue concerning the enhancement of amount of compensation is required to

be settled by the Arbitrator in view of Section 20F (6) of the Railways Act, 1989, as amended by the Railways (Amendment) Act, 2008, therefore, the

appropriate remedy for the petitioner is to move before the authorities of the Railways for referring the matter to the Arbitrator.

2) In view of submission made, the contempt petition stands disposed of. Since the Railways was not a party in the writ petition, no direction can be

issued to the Railways in this contempt petition, however, it is expected of the concerned authority of the South East Central Railway (SECR) that

whenever the application is moved by the applicant seeking enhancement of the compensation, the same shall be referred to the Arbitrator in view of

the provisions under Section 20F (6) of the Railways Act, 1989, as amended by the Railways (Amendment) Act, 2008, at the earliest.