1 2025:CGHC:32556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1719 of 2020 1 - Smt. Sandhya Gupta (Kesharwani) W/o Shri Satish Gupta, Aged About 50 Years R/o C/o. Satish Kesharwani Paramhans Ward, Raipur Road, Mungeli District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - State Of Chhattisgarh The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Chief Engineer, Public Works Department, (National Highway Division) Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Executive Engineer Public Works Department, National Highway Division, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 5 - Sub Divisional Officer (Revenue)/ Land Acquisition Officer Dabhra, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 6 - Tahsildar, Dabhra, District Janjgir Champa Chhattisgarh, District : Janjgir- Champa, Chhattisgarh 7 - Collector, Janjgir Champa, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 8 - Union Of India, Through Secretary, Ministry Of Road Transport And Highways New Delhi, District : New Delhi, Delhi ---- Respondents For Petitioner : Mr. C.K. Sahu, Advocate For State : Mr. Dashrath Prajapati, Panel Lawyer For respondents No.3,4 & 8 : Mr. Tushar Dhar Diwan, CGC -2- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 14.07.2025 1. The petitioner has filed this writ petition under Article 226 of the Constitution of India against award dated 09.05.2019 passed by the Sub-Divisional Officer (Revenue) & Land Acquisition Officer- cum-Competent Authority, Dabhra, District Janjgir Champa (C.G.) by which the authority has assessed the compensation of the land which has been acquired for construction of road bearing Survey No.277/1 area admeasuring 0.295 hectare. The petitioner has also prayed for issuance of direction to respondents to grant proper compensation of the aforesaid land, in accordance with law. 2. Learned counsel for the petitioner would submit that the quantum of award passed by the Sub-Divisional Officer (Revenue) & Land Acquisition Officer-cum-Competent Authority Dabhra, District- Janjgir Champa is not in accordance with law as less compensation has been awarded to the petitioner. He would further submit that the petitioner has already made representation against the less compensation awarded to him, which has not been taken into consideration, which necessitated him to file this writ petition and would pray to quash the award dated 09.05.2019. 3. On the other hand, learned counsel for respondent No. 3,4 & 8/National Highway would submit that the instant writ petition is not maintainable as the petitioner has alternative and efficacious remedy under Section 3 (G)(5)(2) of the National Highway Act, 1956 as he can raise the dispute before the Arbitrator appointed 3 under Section (3)(G)(5) of the National Highway Act, 1956 and would pray for dismissal of the writ petition. 4. From perusal of Section 3(G) of the National Highway Act, 1956, it is quite vivid that if the land owner is not satisfied with the amount of compensation, the land owner can raise dispute before the Arbitrator appointed by the Central Government. 5. In view of above factual matrix, learned counsel for the petitioner would submit that the instant petition may kindly be disposed of granting liberty to the petitioner to raise dispute before the Arbitrator appointed under the National Highway Act, 1956. 6. Accordingly, the instant petition is disposed of granting liberty to the petitioner to raise dispute before Arbitrator appointed by the Central Government under the National Highway Act, 1956 and the same shall be decided by the Arbitrator in accordance with law. 7. With the aforesaid observation(s)/direction(s), the instant writ petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha