1 2025:CGHC:49421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5166 of 2025 1 - Arun Kumar S/o Late Sohan Lal Aged About 36 Years R/o Village- Kharwat, Mahuapara, Police Station And Tahsil- Baikunthpur, District- Korea (C.G.) 2 - Rupendra S/o Late Sohan Lal Aged About 23 Years R/o Village- Kharwat, Mahuapara, Police Station And Tahsil- Baikunthpur, District- Korea (C.G.) 3 - Sonabai D/o Late Sohan Lal Aged About 49 Years R/o Village- Kenapara, Police Station And Tahsil- Baikunthpur, District- Korea (C.G.) 4 - Maanmati D/o Late Sohan Lal Aged About 39 Years R/o Village- Harratikra, Station And Tahsil- Sonhat, District- Korea (C.G.) 5 - Shyamwati D/o Late Sohan Lal Aged About 32 Years R/o Village- Odari, Station And Tahsil- Sonhat, District- Korea (C.G.) 6 - Dinesh Kumar S/o Manohar Aged About 24 Years R/o Village- Barul, Tahsil And District- Surajpur (C.G.) 7 - Sunil Kumar S/o Manohar Aged About 17 Years Natural Guardian Manohar R/o Village- Barul, Tahsil And District- Surajpur (C.G.) 8 - Rajni D/o Manohar Aged About 22 Years R/o Village- Navangiri, Tahsil And District- Surajpur (C.G.) (All Petitioners Are Legal Heirs Of Late Sohan Lal) ... Petitioner(s) versus 1 - Saheba S/o Ranglal Aged About 75 Years Caste - Rajwar, R/o 2 Village- Kharwat, Mahuapara, Police Station And Tahsil- Baikunthpur, District- Korea (C.G.) 2 - Dhaneshwari D/o Late Ramsai Aged About 55 Years R/o Latoma, Tehsil- Sonhat, District- Korea (C.G.) 3 - Ram Bai D/o Late Ramsai Aged About 56 Years R/o Latoma, Tehsil- Sonhat, District- Korea (C.G.) 4 - Kavali D/o Late Ramsai Aged About 41 Years R/o Chirouti, Tehsil- Manendragarh, District - Manendragarh Chirmiri Bharatpur (C.G.) 5 - Basanti D/o Late Ramsai Aged About 42 Years R/o Odagi, Tehsil- Baikunthpur, District- Korea (C.G.) 6 - Baiya Wd/o Late Kavala @ Kamla Prasad Aged About 50 Years R/o Village- Kharwat, Mahuapara, Police Station And Tahsil- Baikunthpur, District- Korea (C.G.) 7 - Mukut Kumar S/o Late Kavala @ Kamla Prasad Aged About 32 Years R/o Village- Kharwat, Mahuapara, Police Station And Tahsil- Baikunthpur, District- Korea (C.G.) 8 - Bhu Kumari D/o Late Kavala @ Kamla Prasad Aged About 35 Years R/o Village- Kharwat, Mahuapara, Police Station And Tahsil- Baikunthpur, District- Korea (C.G.) 9 - Shanti D/o Late Kavala @ Kamla Prasad Aged About 25 Years R/o Village- Kharwat, Mahuapara, Police Station And Tahsil- Baikunthpur, District- Korea (C.G.) 10 - Chandravati D/o Late Kavala @ Kamla Prasad Aged About 21 Years R/o Village- Kharwat, Mahuapara, Police Station And Tahsil- Baikunthpur, District- Korea (C.G.) (Respondent No. 2 To 10 Are Legal Heirs Of Late Ramsai) 11 - Sushil S/o Bhuddu @ Buttu Aged About 32 Years R/o Baikunthpur, District- Korea (C.G.) 12 - Anil S/o Bhuddu @ Buttu Aged About 35 Years R/o Village- Odagi, Tehsil- Baikunthpur, District- Korea (C.G.) 13 - Sumariya Wd/o Bhuddu @ Buttu Aged About 65 Years R/o Village- Odagi, Tehsil- Baikunthpur, District- Korea (C.G.) 14 - Niraso D/o Bhuddu @ Buttu Aged About 45 Years R/o 3 Baikunthpur, District- Korea (C.G.) 15 - Koushilya D/o Bhuddu @ Buttu Aged About 43 Years R/o Village- Odagi, Tehsil- Baikunthpur, District- Korea (C.G.) 16 - Usha D/o Bhuddu @ Buttu Aged About 42 Years R/o Village- Odagi, Tehsil- Baikunthpur, District- Korea (C.G.) 17 - Boby D/o Bhuddu @ Buttu Aged About 33 Years R/o Village- Odagi, Tehsil - Baikunthpur, District- Korea (C.G.) (Respondent No. 11 To 17 Are Legal Heirs Of Late Buttu @ Buddhu) 18 - Jagmohan S/o Late Sukhram Aged About 62 Years Caste - Rajwar, R/o Village Nagar, Thana - Charcha, Tehsil- Baikunthpur, District- Korea (C.G.) 19 - Vijay S/o Late Sukhram Aged About 59 Years Caste- Rajwar, R/o Village- Parihat, Thana And Tehsil- Sonhat, District- Korea (C.G.) 20 - Sonamati D/o Late Sukhram Aged About 56 Years Caste- Rajwar, R/o Village- Salgawan, Thana And Tehsil- Sonhat, District- Korea (C.G.) 21 - Sanju Kumar S/o Late Rajkumar Aged About 28 Years R/o Village- Kharwat (Mahuapara), Thana And Tehsil- Baikunthpur, District- Korea (C.G.) 22 - Deepa D/o Late Rajkumar Aged About 25 Years R/o Village- Kharwat (Mahuapara) Thana And Tehsil- Baikunthpur, District- Korea (C.G.) 23 - Rani D/o Late Rajkumar Aged About 22 Years R/o Village- Kharwat (Mahuapara), Thana And Tehsil- Baikunthpur, District- Korea (C.G.) 24 - Jitendra S/o Late Sukhram Aged About 50 Years Caste- Rajwar, R/o Village- Odari, Thana And Tehsil- Sonhat, District- Korea (C.G.) 25 - Sunita D/o Late Sukhram Aged About 45 Years Caste- Rajwar, R/o Village- Odari, Thana And Tehsil- Sonhat, District- Korea (C.G.) 26 - Yashwant S/o Ramgopal Aged About 42 Years R/o Village- Chirguda, Thana And Tehsil- Patna, District- Korea (C.G.) 4 (Respondent No. 18 To 26 Are Legal Heirs Of Late Sukhram) 27 -Tehsildar Baikunthpur, District- Korea (C.G.) 28 - The Land Acquisition Officer / Sub-Divisional Officer (Revenue) Baikunthpur, District- Koriya (C.G.) 29 - The Collector Baikunthpur, District- Koriya (C.G.) ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioners : Ms. Surbhi Yadav, Advocate. For Respondent-State : Mr. Praveen Das, Dy. AG. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 26.09.2025 1. Petitioners have filed this writ petition with following reliefs: “RELIEF(S) SOUGHT: 10.1 That, this Hon'ble Court may kindly be pleased to call for entire concerned records. 10.2 This Hon'ble Court may kindly be pleased to direct the concerned Respondent authorities no. 27 to 29, they give the awarded sum of Rupees 1,06,60,200/- vis-à-vis acquisition of the acquired land Khasra 1442 admeasuring 0.12 hectares (1200 sq. mts.) situated in Village Kharwat, Tehsil Baikunthpur, District Korea (C.G.), to the petitioners with 18% interest from the initial award dated 04.10.2018 in the interest of justice. Or Kindly give direction to respondent no. 28 that he as per section 3H(4) of the National Highway Act 1956 shall refer the dispute about apportionment of the awarded amount to 5 the decision of the Principal Civil Court (District Court Koriya) of original jurisdiction within the limit of the land is situated. 10.3 This Hon'ble Court may kindly be pleased to direct the concerned Respondent authorities, to not to give the awarded sum of Rupees 1,06,60,200/- or any portion thereof vis-à-vis acquisition of the acquired land Khasra 1442 admeasuring 0.12 hectares (1200 sq. mts.) situated in Village Kharwat, Tehsil Baikunthpur, District Korea (C.G.), to Respondent No. 01 to 26. 10.4 That, this Hon'ble Court may kindly pass an order to the effect, that erroring government officers should be punished according to the law & rules made thereunder. 10.5 That, furthermore, this Hon'ble Court may kindly be pleased direct concerned authorities to pay exemplary compensation to the Petitioners in order to compensate the hardships accrued to them. 10.6 Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted in favor of the Petitioners in the interest of justice.” 2. During course of the arguments, this Court finds that the petitioner has already filed an application under Section 3H(4) of the National Highways Act, 1956 before the concerned Land Acquisition Officer and as per provision of Section 3H(4) of the National Highways Act, 1956, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction 6 the land is situated, therefore, instant writ petition is disposed of with a direction to the concerned Land Acquisition Officer to refer the matter before the Principal Civil Court of original jurisdiction. 3. Registry is directed to return back certified copies/documents to the counsel for the petitioners after retaining photocopies of the same on record. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-