1 2025:CGHC:18223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1687 of 2022 1 - Mehatru Ram Sahu S/o Late Pusau Ram Sahu Aged About 65 Years Caste Teli, R/o Ward No. 6, Mohbhattha, P.C. No. 47/27, Tahsil And District Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh --- Petitioner(s) versus 1 - Government Of India Ministry Of Road Transport And Highways Through Chief Engineer, National Highway Zone Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2 - Sub Divisional Officer (Revenue) And Land-Acquisition Officer, Tahsil Bemetara, District Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh --- Respondent(s) WPC No. 1689 of 2022 1 - Hari Prasad S/o Mohan Caste Teli, Aged About 55 Years R/o. Ward No. 21 Kurmipara, Bemetara, P.C. No. 27, Tahsil And District Bemetara Chhattisgarh. ---Petitioner(s) Versus 1 - Government Of India Ministry Of Through Chief Engineer, National Highway Zone Raipur Chhattisgarh. Digitally signed by GOPAL SINGH Date: 2025.06.03 17:00:45 +0530 2 2 - Sub Divisional Officer (Revenue) And Land-Acquisitin Officer, Tahsil Bemetara, District Bemetara Chhattisgarh. --- Respondent(s) WPC No. 1654 of 2022 1 - Ramcharan Sahu S/o Late Pusau Ram Sahu, Aged About 60 Years Caste Teli, R/o Ward No. 6, Mohbhaththa, P.C. No. 47/27, Tahsil And District Bemetara (C.G.) ---Petitioner(s) Versus 1 - Government Of India Ministry Of Road Transport And Highways Through Chief Engineer, National Highway Zone Raipur (C.G.) 2 - Sub Divisional Officer (Revenue) And Land-Acquisition Officer, Tahsil Bemetara, District Bemetara (C.G.) --- Respondent(s) WPC No. 1707 of 2022 1 - Faleshwar Verma S/o Late Shri Ferha Ram Verma Aged About 38 Years R/o Ward No. 20 Kurmipara, Bemetara, P.C. No. 27, Tahsil And District Bemetara (C.G.) ---Petitioner(s) Versus 1 - Government Of India Ministry Of Road Transport And Highways Through Chief Engineer, National Highway Zone Raipur (C.G.) 2 - Sub Divisional Officer (Revenue) And Land-Acquisition Officer, Tahsil Bemetara, District Bemetara (C.G.) --- Respondent(s) For Respective Petitioners : Shri Lavkush Kumar Sahu, Shri Syed Afaque Hussain Rizvi, Ms. Pemin Sahu and Ms. Soniya 3 Sahu, Advocates For Respective Respondents : Shri Ramakant Mishra, Deputy Solicitor General with Shri Rishabh Deo Singh, Advocate and Shri Santosh Bharat, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 22/04/2025 1. An objection has been raised by learned counsel appearing for the respective respondents that the present petitions as framed and filed before this Court are not maintainable. The petitioners have to approach under Section 3(G)(5) of the National Highways Act, 1956 before the concerned Arbitrator, which according to learned counsel for the respondents, is the concerned Additional Commissioner (Revenue) and the petitioners are required to approach before the Additional Commissioner (Revenue). 2. Learned counsel appearing for the respective petitioners, at this juncture, state that since the petitions have been filed way back on 31.3.2022 and the award has been received by the petitioners only on 1.3.2023, as such for calculating the period of limitation the concerned authority is required to consider this aspect that the petitions are filed on 31.3.2022 which are pending for consideration. 3. Considering the aforesaid aspect of the matter, the petitioners are directed to approach before the concerned 4 Commissioner under Section 3(G)(5) of the National Highways Act and the aforesaid concerned authority shall consider this aspect of the matter that the matter is pending before this Court from 31.3.2022 and the award has also been received by the petitioners on 1.3.2023. The authority concerned is directed to pass appropriate orders. It is made clear that this Court has not made any observation on merits of the case and the concerned Commissioner shall be at liberty to pass appropriate orders in accordance with law. 4. In the eventuality of filing of any application by the petitioners, the authority concerned is directed to decide the same within 45 days from the date of production of a copy of this order. 5. With the aforesaid observations and directions, all the writ petitions are disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh