2025:CGHC:41052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4275 of 2025 1 - Smt. Son Kunwar Gabel (Verma) W/o Late Gopal Prasad Gabel (Verma) Aged About 74 Years R/o Village- Masaniyakala, Tahsil- Sakti, District- Skati C.G. 2 - Rakesh Kumar Gabel (Verma) S/o Late Gopal Prasad Gabel (Verma) Aged About 41 Years R/o Village- Masaniyakala, Tahsil- Sakti, District- Skati C.G. ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur C.G. 2 - Collector, Janjgir, District- Janjgir-Chamap Now Sakti C.G. 3 - Sub-Divisional Officer (Revenue) Champa And Competent Authority N.H. No. 200 (New 49), District Janjgir-Champa C.G. 4 - Executive Engineer, P W D National High Division, Bilaspur, District- Bilaspur C.G. ... Respondents For Petitioners : Mr. Basant Kaiwartya, Advocate For Respondents-State : Mr. Saumitra Kesharwani, Panel lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 14.08.2025 1. The present writ petition is filed under Article 226 of the Constitution of India by the petitioner seeking following reliefs:- “a. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to provide proper compensation to the petitioners as four times instead of two times compensation for the acquired land bearing Khasra No. 309/1 and 434/1 Rakba 0.105 and 0.049 hectare respectively. b. That, any appropriate writ, direction or order may also kindly be pleased in favour of the petitioners, which this Hon’ble Court deems fit in the circumstances of the case. ” 2. Learned counsel appearing for the petitioners would submit that Late Gopal Prasad Gabel was the registered owner of the land bearing Khasra No. 309/1 and 434/1 Rakba 0.105 and 0.049 hectare respectively situated at Village- Masaniyakala, Tahsil- Sakti, District-Sakti, Chhattisgarh who died on 27.05.2021. The petitioners are legal heirs. In the year 2016 when Late Gopal Prasad Gabel was alive, the land in question was acquired by respondent no. 3 for construction of National Highway No. 200(New 49) Bilaspur-Urdawal Road under National Highway Act, 1956. 3. He submitted that after due procedure of sending notice the compensation amount was sanctioned and respondent no. 4 issued the cheque of Rs. 9,00,810/- in favor of petitioner. However, the amount sanctioned was much less. He submits that instead of two times , the petitioner is liable to receive four times of the compensation for the said land. The Upper Commissioner, Bilaspur Division-cum-Arbitrator under National Highway Act passed order vide dated 17.08.2017 in Revenue Case No. 91-A/82/2016-17 to pay four times compensation as Rs. 1,09,20,000/- . But the respondent authorities did not complied the aforesaid order. Aggrieved by this late Gopal Prasad Gable filed a Writ bearing WPC No. 3117 of 2019 before this Court. This Court vide order dated 11.09.2019 allowed the said petition directing the Land Acquisition Officer to make payment within one month from the date of order. Later on the rest of the portion of the land was also acquired by the same acquiring authority but only two times compensation is awarded, however, compensation equal to four times shall be awarded. 4. On the other hand, learned counsel for the respondent-State opposed the relief sought by counsel for petitioners. He submits that there is no provision of recalculation of the award passed by the concerned authority and, therefore, petitioner has only one alternate remedy to avail i.e. to file an application under Section 3(g)(5) of the National Highway Act, 1956 before appropriate forum. 5. I have heard learned counsel for the respective parties, perused the document available with utmost circumspection. 6. Bare perusal of the record reveals that the land in question that is bearing Khasra No. 309/1 and 434/1 area 0.105 and 0.049 hectare respectively situated at Village Masaniyakala, Tahsil-Sakti, District-Sakti, Chhattisgarh whose real owner was Late Gopal Prasad Gabel. The present petitioners are his legal heirs. It is evident that when he was alive, respondent no. 3 has acquired some portion of the land for construction of National Highway No. 200(New 49) Bilaspur-Urdawal Road under National Highway Act, 1956. For this initially two times compensation was being awarded to the owner of the land, however, Late Gopal Prasad Gabel filed a writ petition before this Court bearing WPC NO. 3117 of 2019 which got allowed vide order dated 11.09.2019 and, thereafter, four times compensation for the part of the land which was acquired by respondent no. 3 was granted. 7. It is also evident that later on the remaining part of the same land was acquired by respondent no. 3 due to shortage of land. However, the multiplier used by the authority was two. 8. Considering all the aspects of the case and submission made by respective parties, particularly to the fact that there is an alternative remedy available to the petitioners which is to file an application under Section 3(g)(5) of the National Highway Act, 1956 before the Arbitrator. 9. With the aforesaid direction, the present petition stands disposed of with the liberty to the petitioners to file an application under Section 3(g)(5) of the National Highway Act, 1956 before the Arbitrator. 10. It is made clear that this Court has not expressed any opinion with regard to the merits of the case, the Arbitrator is at liberty to decide the case, according to his on merits of the case. Certified copy as per rules. sd/- alfiza (Arvind Kumar Verma) JUDGE