1 2025:CGHC:23029 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2506 of 2025 1 - Ujawala Malaki W/o Anil Kumar Malaki Aged About 75 Years R/o 212, Mohbhattha, Road, Bramhan Para, Ward No. 04, Bemetara, District Bemetara Chhattisgarh. ... Petitioner(s) versus 1 - Chief Engineer National Highway Authority Of India, National Highway Zone Raipur Chhattisgarh. 2 - Sub Divisional Officer (Rev.) And Land Acquisition Officer Tahsil Bemetara, District Bemetara Chhattisgarh. ... Respondent(s) ---------------------------------------------------------------------------------------------- For Petitioner : Mr. Lavkush Kumar Sahu, Advocate For Respondents : Mr. Abhishek Gupta, Panel lawyer ---------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 11.06.2025 1. With the consent of both the respective parties, the matter is heard finally. 2. The present petition has been filed by the petitioner under Article 226 of the Constitution of India, being aggrieved by the fact that on 03.11.2015 after due procedure of National Highways Act, 1956 and also as per the Right to Fair Compensation and Transparency 2 in Land Acquisition, Rehabilitation and Resettlement Act, 2013, an award was passed which has not been paid to the petitioner till date, which is not only against the letter and spirit of award itself but also against the letter and spirit of the provisions of the aforementioned resettlement Act, 2013. Hence by way of filing this petition, the petitioner is seeking the following reliefs: (a) that, the Hon’ble court kindly be pleased to allow the petition directing the respondent no. 2 to pay the awarded amount Rs. 56,18,000/- to the petitioner within the stipulated time, with interest @ 9% per annum from the date of award dated that is 03.11.2015(Annexure P-2) (b) That, any other reliefs which this Hon’ble court deems fit and proper in the facts and circumstances of the case be also be granted to the petitioner in the interest of justice. 3. Learned Counsel for the petitioner submits that as per the award the petitioner though has been awarded Rs. 56,18,000/- but unfortunately the same has not been deposited till dated even after several assurance by the respondents. The respondents authorities particularly the respondent no. 2 is not transparent in paying the compensation Rs. 56,18,000/- along with interest @ 9% per annum to the petitioner as per the award which is against the provisions of the Act of 2013. 4. Per contra, learned counsel for the State opposes the relief sought by the leaned counsel for the petitioner. He places on record the receipt showing that the amount awarded to the 3 petitioner has already been paid to the petitioner on 09.02.2016. He also submitted that the counsel for the petitioner has an alternative remedy to file application before the Arbitrator to be appointed by the Central Govt. i.e. the Commissioner. 5. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection. 6. From perusal of Section 3(G)(5) of the National Highway Act, 1956 which reads as under:- “if the amount determined by the competent authority under sub section (1) or sub-section (2) is not accepted by 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.” 7. 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 do not find any good ground to entertain this present petition. However, if the petitioner is at liberty to file application under Section 3(G)(5) of the National Highway Authorities Act, 1956 before the concerned Arbitrator/Commissioner appointed by the Central Government if so, advised. 8. With the above observation, the petition stands disposed of. sd/- (Arvind Kumar Verma) alfiza Judge