1 2025:CGHC:38247 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4079 of 2025 Krishna Kumar Jaiswal S/o Shri Jagdish Prasad Jaiswal Aged About 69 Years R/o Semarchua Road Barela, Nagar Panchayat Barela, Police Station Jarhagaon, Tahsil And District Mungeli C.G. ... Petitioner(s) versus 1 - Union of India Through Its Ministry Of Road Transport And High Ways, Department Of Road Transport And High Way, Transport Bhavan, 1, Parliament Street, New Delhi- 110075 2 - National Highways Authority Of India, Through Chief Engineer Public Work Department, National Highway Area, Pension Bada Raipur, District Raipur C.G. 3 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, New Raipur, District Raipur C.G. 4 - Collector, Mungeli, District Mungeli C.G. 5 - Sub-Divisional Officer (Revenue) Mungeli/land Acquisition Officer, Mungeli, District Mungeli C.G. --- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioner : Mr. Ramesh Nayak, Advocate For Respondents No.1 & 2 : Mr. Tushar Dhar Diwan, CGC For Respondents No.3 to 5 : Mr. Soumitra Kesharwani, PL 2 --------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 04.08.2025 1. The present petition is filed by the petitioners with following relief(s): “10.1 That, the Hon'ble High Court may kindly be pleased to direct the respondents to place all the records of the case for kind perusal of the Hon'ble Court. 10.2 That, the Hon'ble High Court may kindly be pleased to direct the Respondent No. 4 & 5 to properly calculate and provide compensation to the petitioner for the acquired land. 10.3 That, the Hon'ble High Court may kindly be pleased to direct the Respondent No. 4 & 5 to pay the interest upon the compensation amount from 17.01.2023 to 05.09.2024 to the petitioner. 10.4 That, any other relief as this Hon'ble Court deems fit and proper in the circumstances of the case may also be granted to the petitioner, in the interest of 3 justice.” 2. Learned counsel for the petitioner contended that the petitioner belongs to a agricultural family and he is the owner and possession holder of agriculture land bearing Khasra No. 323 area 0.332 hectare and Khasra no. 324 area 0.348 hectare situated at Revenue Village Barela, P.C. No.37, Revenue Inspector Circle Jarhagaon, Tahsil and District Mungeli. Out of this land from Khasra No. 323 area 0.126 hectare and from Khasra no. 324 area 0.028 hectare i.e.1540 Square Meter of land has been acquired. On 17.01.2023 the Award was passed and the compensation amount of rupees 4,08,660/- for land bearing Khasra No. 324 was paid on dated 05.09.2024 and compensation amount of rupees 65,39,283/- for land bearing Khasra No. 323 was paid on 11.09.2024 to the petitioner. Copy of Award shows that Respondent No. 5 had calculated for compensation of the petitioner bearing Khasra No. 323 on hectare basis and Khasra No. 324 on Square meter basis but in the calculation at serial No. 34 both the land bearing Khasra No. 323 and 324 were calculated on hectare basis which is illegal and the amount of compensation given to the petitioner was miss calculation. After the knowledge of the petitioner about the calculation of acquired land on square meter basis, petitioner applied for the certified copy of the award and the land acquisition sheet before the respondent No.5. After receiving the copy of the award it comes to the knowledge of the 4 petitioner that the miss calculation was done by the respondent No. 5 while calculating the compensation amount payable to the petitioner for Khasra No. 324 on Square meter. On 26.04.2025 petitioner sent an application through registered post to respondent no.4 and respondent no.5 with a prayer for correction of the compensation amount which was miss calculated by the respondent no. 5 in land acquisition sheet against the Award dated 17.01.2023 and also for interest amount payable to the petitioner from the date of Award to the date of payment. On 13.06.2025 petitioner sent a reminder application to respondent no.4 and respondent no.5. On 04.07.2025 the respondent no.5 sent a memo in which it was stated by the respondent no.5 that both the Khasra belongs to the petitioner which is more than 500 square meter therefore calculation was done on Hectare basis. In the memo it was also stated that petitioner may file appeal before competent court if he not satisfied. The action taken on application of the petitioner for correction of calculation by the respondent no. 4 & 5 is against the provisions of Section 33 of the Right to Fair Compensation and Rehabilitation and Resettlement Act 2013. 3. Learned counsel for the respondents admitted the fact that as per Para-4 of the award, calculation chart given by the land acquisition authority in which at Sr. No.34, Khasra No.323 area 0.126 hectare is calculated on the basis of per hectare and Khasra No.324 area 0.028 hectare calculated on the basis of per square meter. However, on the award, land acquisition 5 authority has calculated compensation on the basis of per hectare only, which is a mistake. They further contended the there is no provision for re-calculation and there is no provision for interest corrected by the same authority. They also contended that mistake can be corrected by the Arbitrator under Section 3G(5) of the National Highways Act, 1956. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the facts of the case and submission made by learned counsel for the respective parties and particularly considering that there is an alternative remedy available to the petitioner to file application under Section 3G(5) of the National Highways Act, 1956 before the Arbitrator, at this stage, the instant petition is disposed of with liberty to the petitioner to avail the alternative remedy under Section 3G(5) of the National Highways Act, 1956 before the Arbitrator and the Arbitrator shall decide the same as early as possible in accordance with rules, regulations and law. 6. With the aforesaid observation, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Vasant