1 2025:CGHC:48478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5014 of 2025 Ashok Kumar Verma S/o Ghasiram Verma Aged About 72 Years R/o Ward No. 2, Manpur, Bemetara, District- Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Commissioner Durg Division, District- Durg (C.G.) 3 - The Collector Bemetara, District- Bemetara (C.G.) 4 - The Land Acquisition Officer And Sub-Divisional Officer (Revenue) Bemetara, District- Bemetara (C.G.) 5 - The Chief Engineer National Highway Authority Of India Limited, Raipur, District Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Bharat Rajput, Advocate For Respondent(s) For Respondent No. 5 : : Ms. Nupur Trivedi, Panel Lawyer Mr. Ramakant Mishra, DSGI Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 22/09/2025 1. The petitioner has filed this writ petition on the following reliefs: “10.1. That, this Hon’ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities. 2 10.2 That, this Hon’ble Court may kindly be pleased to set-aside/quash the impugned order dated 21.08.2025 (Annexure P/1). 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondent no. 3 to adjudicate the reference application filed by the petitioner in light of provisions of Section 60 and 64 of Act, 2013. 10.4 To kindly grant any other relief which may be deemed fit in the given facts and circumstances of the instant case including cost of litigation.” 2. Learned counsel for the petitioner submits that the petitioner has filed the present petition against the impugned order dated 21.08.2025 (Annexure P/1) passed by the respondent no. 3 in case no. 202508230100001/2024-25, whereby the respondent no. 3 has rejected the reference application under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as not maintainable by holding that the remedy of arbitration before the Arbitrator, i.e. Commissioner, Durg Division, Durg is available and the petitioner may get the relief from the Arbitrator. He further submitted that since the land of the petitioner was acquired under the Act, 2013 therefore the reference under Section 64 of the Act, 2013 is applicable, but the respondent no. 3 has erroneously rejected the 3 reference application of the petitioner, which is illegal, perverse and erroneous. 3. Learned counsel for the respondents contended that respondent no. 3 has rightly passed the order dated 21.08.2025 (Annexure P/1) because the land was acquired under the National Highway Act, 1956. Learned State Counsel further submits an award has been passed on 19.05.2025 (Annexure P/7) by the concerned SDO (R) under the National Highways Act, 1956, therefore, the present petition is not maintainable. 4. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Considering the entire facts and circumstances of the case, submissions of the counsels for the respective parties, it is crystal clear from the records that the land has been acquired by the concerned authority under the provisions of Section 3A(1) of the National Highways Act, 1956 and reference has been made by the for the purpose of calculation and valuation of the compensation. Therefore, the Collector has rightly passed the impugned order dated 21.08.2025 (Annexure P/1) and held that Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 would not be applicable. It is crystal clear from the records that remedy is available to the petitioner under Section 3G(5) of the National Highways Act, 1956. 6. With the aforesaid observation, the present petition is disposed 4 of. The petitioner may file application under Section 3G(5) of the National Highways Act, 1956, if so desire. 7. Certified copy of the impugned order be returned after retaining the photocopy of same. Sd/- (Arvind Kumar Verma) JUDGE Madhurima