1 2025:CGHC:26473 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3656 of 2022 1 - Aashutosh Vaishnav S/o Late Sunny Kumar Aged About 28 Years R/o Village Urga, Tahsil Kartala, District Korba (C.G.) 2 - Alok Vaishnav S/o Late Sunny Kumar Aged About 24 Years R/o Village Urga, Tahsil Kartala, District Korba (C.G.) 3 - Sandhya Kumari Vaishnav D/o Late Sunny Kumar Aged About 27 Years R/o Village Urga, Tahsil Kartala, District Korba (C.G.) 4 - Kaushilya Bai Wd/o Late Sunny Kumar Aged About 27 Years R/o Village Urga, Tahsil Kartala, District Korba (C.G.) 5 - Rajesh Kumar S/o Late Charan Das Aged About 52 Years R/o Village Urga, Tahsil Kartala, District Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Road Transport Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 2- Collector Korba, District Korba (C.G.) 3 - Sub Divisional Officer-Cum-Land Acquisition Officer Korba, District Korba (C.G.) 4 - Project Director Indian National Highway Authority, Project Implementation Unit, Bilaspur District Bilaspur (C.G.). ... Respondent(s) For Petitioners : Mr. Mirza Kaisher Beg, Advocate. For Respondent Nos.1 to 3 : Mr. Satish Gupta, GA. For Respondent No.4 : Mr. Dhiraj Wankhede, Advocate. 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 20/06/2025 1. The grievance of the petitioners in the present writ petition seems to be aggrieved by the inadequate compensation that the petitioners have been awarded in the course of acquiring their property for the purpose of construction of National Highway. 2. According to the petitioners, the authorities have not applied proper multiplier while quantifying the compensation. Similarly, the authorities concerned have applied different yardsticks for similar nature of properties lying adjacent to each other and in the process, different rates of compensation have been given to different owners which also is arbitrary. 3. Perusal of the record would show that the properties were acquired in the present case applying the provisions of the National Highways Act, 1956 (in short "the Act of 1956"). Section 3 G (5) of the Act of 1956 reads as under: "3G(5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable 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." 4. It has been informed by learned counsel for the respondents that the Additional Commissioner of Bilaspur Division has been appointed as the Authority to act as an Arbitrator for determining 3 proper compensation. 5. Considering the nature of claim raised by the petitioners and also the fact that the claim of the petitioners are one which can be decided only after due verification and scrutiny of the revenue records and also on physical verification of the actual acquisition done, this Court is of the opinion that the matter needs to be dealt with individually before the Additional Commissioner under the provisions of Section 3 G (5) of the Act of 1956. Subject to the petitioners approaching the Additional Commissioner, the Additional Commissioner shall decide the same objectively by passing a speaking order. The petitioners are directed to raise their dispute before the Additional Commissioner in accordance with law at the earliest, preferably within a period of ‘2 weeks’ from today and the Additional Commissioner is expected to take a decision at the earliest. 6. With the aforesaid observation, the writ petition stands disposed of. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-