1 / 5 2025:CGHC:33413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3665 of 2025 Sunita Bai D/o Late Tekram Verma Aged About 56 Years At Present R/o Banjari Mata Ward No. 5, Cabinpara, Rameshwar Nagar, Bhanpuri, Tahsil And District Raipur (C.G.) ... Petitioner versus 1 - Bimla Bai Wd/o Late Tekram Verma R/o Ward No. 20, Bhatia (Rav) Para Bemetara, Tahsil And District Bemetara (C.G.) 2 - Chhaganlal @ Babulal S/o Late Tekram Verma R/o Ward No. 20, Kurmi Para Near Dilwa Chowk, Bemetara Tahsil And District Bemetara (C.G.) 3 - Lata Bai W/o Chandan Sahu R/o Ward No.09, Behind Marwadi Hotel, Kobia, Tahsil And District Bemetara (C.G.) 4 - State of Chhattisgarh Through The Collector, Bemetara (C.G.) 5 - Sub-Divisional Officer (Revenue) Land- Acquisition Officer, Bemetara District Bemetara (C.G.) 6 - Chief Engineer National Highway Region, Raipur (C.G.) 7 - Government of India (Union) Ministry Of Road Transport And Highway, Through Chief Engineer, National Highway Zone, Raipur (C.G.) ... Respondents For Petitioner : Mr. Varun Sharma, Advocate For Respondents/State : Mr. Rishab Bisen, PL For Respondent No.7/UOI : Mr. Tushar Dhar Diwan, CGC ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.22 10:38:57 +0530 2 / 5 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 16/07/2025 1. By way of the instant petition, the petitioner is challenging the order dated 24/06/2025 (ANNEXURE P/1) passed in LA Case No.21/A- 82/2024-25 passed by the Commissioner and Arbitrator (NHAI), Durg Division, Durg, C.G. as well as the order dated 09/10/2024 (ANNEXURE P/2) passed by the Competent authority Sub Divisional Officer in Revenue Case No.01/B-121/2023-24. 2. The brief facts of the case as projected by the petitioner are that the Petitioner and the private respondents are relatives. On 07/01/2011 a civil suit was filed by the Respondent no.1 Bimla Bai for declaration, partition, possession and permanent injunction in respect of family property including Khasra no. 287/2 and Khasra no. 368/2 belonging to the original owner Late Musu, Late Birjha Bai Wd/o Musu and Late Tekram S/o Musu. During the pendency of the civil suit for the proposed National Highway no. 12A (new NH No.3) the Land Acquisition Officer and Sub-Divisional Officer (Revenue) Bemetara issued Awards under Section 3-G of the National Highways Act, 1956 on 03/11/2015 and 11/01/2016. However, due to the land records being only in name of Late Birjha Bai the Award was passed in the name of Late Birjhabai and compensation was calculated on her name for both the affected Khasra no. 287/2 (at S.No. 11 in the Award dated 03/11/2015) and 368/2 (At S.No. 50 in the Award dated 11/01/2016). The Civil Suit 3 / 5 registered as Civil Suit No. 07A/2017 was decreed in favour of the plaintiff/Respondent no.1 Bimla Bai and she was declared to be 1/4th share-holder of the properties including Khasra no. 287/2 and Khasra no. 368/2 vide Judgment and Decree dated 29/09/2018. The regular civil appeals and second appeals against the aforesaid decree were also dismissed by the appellate courts and this Hon'ble Court. Subsequently, on the basis of the above decree the revenue case for mutation and share-partition was filed before the Tahsildar, Bemetara. During the pendency of the mutation proceedings under the changed family arrangement the entire Khasra no. 287/2 and 368/2 were given to the Petitioner. Due to the aforesaid mutual agreement the mutation case was kept before the Lok Adalat dated 16/12/2023 along with application under Order 23 Rule 3 CPC. The Lok Adalat accepted the compromise and the award dated 16/12/2023 was passed. The land records have also been mutated in the name of the Petitioner. After the mutation the Petitioner approached the Land Acquisition Officer/Sub-Divisional Officer and moved the application on 29/07/2024 for release of compensation amount. The competent authority after calling all the parties instead of releasing compensation in the name of the Petitioner decided to pass apportionment order dated 09/10/2024 in favour of the Respondents no. 1 and 2 also in violation of the Lok Adalat order dated 16/12/2023. 3. The Petitioner challenged the aforesaid order before the learned Commissioner cum Arbitrator under Section 3G(5) of the National 4 / 5 Highways Act, 1956. The learned Commissioner cum Arbitrator on the one hand held that the Competent Authority has no jurisdiction to entertain apportionment disputes and has to refer the same to the competent Principal Civil Court but on the other hand has rejected the application of the Petitioner vide the impugned order dated 24/06/2025. Hence this petition. 4. Learned counsel for the petitioner would contend that the learned Land Acquisition Officer has no authority to decide the question which has already been settled between the parties and would therefore would pray that both the impugned orders may be quashed and the respondent No.5 may be directed to release the compensation amount in respect of lands bearing Khasra No.287/2 area 0.081 hectare and 368/2 area 0.081 hectare situated in village Bemetara, District Bemetara, C.G. 5. I have heard learned counsel for the petitioner at length and perused the documents with utmost circumspection. 6. Considering the entire facts & circumstances of the case, the petitioner is directed to file application before the SDO/Competent Authority for Land Acquisition under Section 3H (4) of the National Highways Act, 1956 within a period of 15 days from the date of receipt of copy of this order along with relevant documents and thereafter the said authority shall refer the matter to the competent civil court strictly in accordance with the provisions of Section 3H(4) of the Act, 1956 within a period of 30 days from the date of 5 / 5 date of appearance of the petitioner and the private respondents. It is made clear that the respondent authorities will not get influenced by the previous order of the SDO dated 09/10/2024 (Annexure P/2) and shall act in accordance with law. 7. With the aforesaid observation, the instant writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu