1 2025:CGHC:14837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1719 of 2022 1 - Chandra Prakash Kaushik S/o Late Shri Roop Charan Kaushik Aged About 56 Years R/o Hig 33 Arya Colony, Tifra Bilaspur Chhattisgarh Mobile 9981922551 ... Petitioner versus 1 - Project Director, National Highway Authority N.H. No. 111/130 Pendridih Pathrapali, Head Office Abhilasha Parisar, Bilaspur , District Bilaspur Chhattisgarh. 2 - State Of Chhattisgarh Through Collector, Bilaspur , District Bilaspur Chhattisgarh. 3 - Sub Divisional Officer (R) And Land Aquisition Officer Bilaspur Chhattisgarh. 4 - Umendra Kaushik S/o Ramadhar R/o Village Bodsara Tahsil Takhatpur, District Bilaspur Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Lavkush Kumar Sahu with Mr.Pradeep Kumar Jogi, Advocate For Respondents No.1 : Mr. Dhiraj Kumar Wankhede, Advocate For State/Respondent(s) : Mrs. Nupoor Sonkar, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.04.02 19:24:06 +0530 2 Order on Board 27/03/2025 1. Heard Mr. Mr. Lavkush Kumar Sahu with Mr.Pradeep Kumar Jogi, learned counsel for the petitioner. Also heard Mr. Dhiraj Kumar Wankhede, learned counsel for the respondents No.1 as well as Mrs. Nupoor Sonkar, learned Panel Lawyer for State/respondent/s. 2. By way of this writ petition, the petitioner have prayed for following reliefs: “10.1 That the Hon'ble Court may kindly be pleased to direct the respondent No. 3 SDO/Land Acquisition Officer, Bilaspur to initiate and complete proceedings in accordance with law on the application dated 27/12/2021 (Ann. P-4) submitted by petitioner within stipulated time. 10.2 That the Hon'ble Court may kindly further be pleased to grant any other relief or direction which this Hon'ble Court deems fit alongwith cost of the instant litigation, in the interest of justice.” 3. Learned counsel for the petitioner submits that the land of the petitioner belonging to Village Bodasara has been acquired for NH No.111/130, with initial notification in terms of Section 3A of the National Highways Act, 1956 (The Act, 1956)/State, which has been given to the NHAI through State for construction of road. However, the petitioner has not been paid any amount of compensation which has been calculated by the respondent authorities to the tune of Rs.4,31,188/- entire amount has been 3 paid to one Umesh Kaushik who is neither the owner nor the title holder of the said land, as such, interference by this Court under extra ordinary jurisdiction is required. 4. On the other hand, learned counsel for the NHAI project submits that the petitioner has to pursue his remedy before the competent authority as stated in Section 3H(4) of the NHAI Act, 1956. 5. Considering the aforementioned aspect of the matter, specially considering this fact that not a single penny has been given to the petitioner according to him, the petitioner is granted liberty to approach before the competent authority for land acquisition/respondent No.3, with appropriate application raising his dispute alongwith relevant documents and in turn the competent authorities are directed to consider the case of the petitioner duly verifying the documents and pass appropriate orders in accordance with law within a period of sixty days from the date of filing of the application. 6. Whatever final order would be passed by the competent authority would be binding upon the responde]nt No.4, who is said to have obtained the entire amount according to the petitioner. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi