1 2025:CGHC:19615 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1665 of 2019 • Smt.Leema Nag W/o Shri Aasish Nag, R/o A-34, Kota, Raipur, Village- Bendri, Tehsil And RNM-Abhanpur And Disrtict- Raipur, Chhattisgarh- 492001 ... Petitioner Versus 1. Union Of India Through The Ministry Of Transport Of Shipping Road Transport, Highway Transport Bhawan Parliament Street New Delhi.- 110011 2. State Of Chhattisgarh Through Collector, Collectrate Compound, Rapur, Tehsil And District- Raipur, Chhattisgarh.- 492001 3. Tehsildar Abhanpur Tehsil- Abhanpur, District- Raipur, Chhattisgarh.- 492001 4. Sub Divisional Officer (R) Abhanpur Competent Officer For Land Acquisition, Tehsil Abhanpur, District- Raipur, Chhattisgarh.- 492001 5. Project Moderator, Dhamtari, Block No. F-5, Shivraj Greens, Shihava Road, Dhamtari, Disrtict- Raipur, Chhattisgarh.- 493773 ... Respondents For Petitioner : Mr. Akhilesh Mishra, Advocate For Respondent No. 1 For Respondents No. 2 to 4 : : Mr. Tushar Dhar Diwan, Central Government Counsel Mr. Vedant Shadangi, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30/04/2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to allow the writ petition and direction to the respondent concern that Digitally signed by RAMESH KUMAR VATTI 2 the award as per to the same appropriate compensation as per the guide line of year 2013-14 to those whose similar situated- lands were acquired in furtherance pleased to set aside the order passed by the Learned Sub Divisional Officer (R) and Competent Officer, Abhanpur (Land Acquisition) District Raipur, dated 21.05.2018 (Annexure P/1). 10.2 That, this Hon'ble Court may kindly be pleased to direct to pay the difference of compensation of award to the petitioner as per the guideline of year 2013-14, many other lands owner got compensation to acquire under same notification. 10.3 That, the amount of the remaining unlevelled land should be awarded or given direction to the concern authority to level it up to the height of the new constructed road. 10.4 That, this Hon'ble Court may kindly be pleased to call for the entire records relating to the matter. 10.5 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed.” 2. Mr. Akhilesh Mishra, learned counsel appearing for the petitioner would submit that the lands of the petitioner bearing Survey Nos. 325/5 and 326/5 admeasuring 0.405 hectares, situated at Village Bendri, Patwari Circle No. 18, Tehsil Abhanpur, District Raipur, were acquired for National Highway Project on 31.12.2014. He would submit that award was passed on 21.06.2016. The petitioner raised objection to the effect that award has not been passed with regard to plots of the petitioner. The Land Acquisition Officer assessed the compensation and passed award in favour of the petitioner. He would further submit that the petitioner was not satisfied with the amount of compensation, therefore, she raised objection. He would contend that the authorities have paid higher compensation to the land oustees of adjacent lands, therefore, the petitioner is entitled for difference amount. 3. Mr. Tushar Dhar Diwan, learned counsel appearing for respondent No. 1 and Mr. Vedant Shadangi, learned Panel Lawyer appearing for respondents No. 2 to 4 would oppose. 3 4. Mr. Tushar Dhar Diwan would submit that the writ petition is not maintainable and the petitioner should approach the competent authority according to the provisions of Section 3G(5) of the National Highways Act, 1956. 5. Be that as it may, if we look into the provisions of the Act, 1956, Section 3G provides for the determination of amount payable as compensation. Sub-section (5) of Section 3G also provides the mechanism in case if any person is aggrieved by the amount determined by the competent authority and the recourse available is to approach the Arbitrator. The respondents in the instant case have already notified the Arbitrator to settle the dispute so far as the quantum of compensation is concerned. 6. For ready reference, Section 3 G (5) of the Act of 1956 is reproduced hereinunder: “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.” 7. Based upon the above provision of law provided under the National Highways Act, 1956, the present writ petition also stands disposed of. Since the Central Government has already notified the authority to discharge the functions of the Arbitrator, the proper recourse available to the petitioner would to avail the said remedy under Section 3G(5) of the National Highways Act, 1956. 8. Taking into consideration the above discussed facts, the petition is disposed of reserving liberty in favour of the petitioner to approach the Arbitrator appointed by the Government and in turn, the authority 4 concerned is directed to decide the claim of the petitioner in objective manner and shall passed a reasoned and speaking order. 9. With the aforesaid direction(s) / observation(s), the writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti