1 2025:CGHC:22891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1858 of 2022 1 - Manharan S/o Lt. Shri Khilawan Aged About 56 Years R/o Village Temri, Tahsil- Nawagarh, District- Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, P.O.- Rakhi, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Collector, District- Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh 3 - The Sub Divisional Officer (R), Bemetara, District- Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh 4 - The Project Director, National Highway Authority Of India, Project Implementing Unit, Abhilasha Parisar, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri R.L.Rajak, Advocate on behalf of Shri Atul Kesharwani, Advocate For Respondent/State : Shri Rishabh Bisen, PL SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.06.11 11:23:44 +0530 2 For Respondent No.4 : Shri Mayak Kumar, Advocate on behalf of Shri Dheeraj Kumar Wankhede, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/06/2025 Contention of the counsel for the petitioner is that the petitioner’s land of 1400 sq.mtr. has been acquired by the respondent No.4/NHAI and compensation had been determined. Apart from this, 200 sq.mtr. additional land has also been acquired by the respondent No.4 and compensation ha snot been determined and paid. 2. Counsel for respondent No.4/NHAI submits that as per the provisions of Section 3(G)(5) of the National Highway Act,1956, the petitioner has alternative remedy to file application before the Arbitrator to be appointed by the Central Government ie. the Commissioner. 3. From perusal of Section 3 (G)(5) of the National Highway Act, 1956, which reads that : “if the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptation to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.” The Central Government has already appointed Commissioner as Competent authority/Arbitrator to decide the amount of compensation which has not been accepted by the petitioner. Therefore, I don’t find any good ground to entertain this present petition. However, the petitioner is at liberty to file application under Section 3(G)(5) of the National Highway Authorities Act,1956 before 3 the concerned Arbitrator/Commissioner appointed by the Central Government if so, advised. 4. With the above observation, the petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge