Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6780
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 797 of 2025 1 - Guman Bhai S/o Shivcharan Aged About 53 Years R/o Village - Gataura, Tahsil - Masturi, District - Bilaspur (C.G.).
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Mantralaya, Nawa Raipur (C.G.) 2 - The Collector District - Bilaspur (C.G.). 3 - The Sub - Divisional OfÏcer (Revenue) And Competent Authority Bilaspur, District - Bilaspur (C.G.) 4 - The Project Director National Highway Authority Of India, Project Implementation Unit, Abhilasha Parisar, Behind High - Tech Bus Stand, Tifra, Bilaspur, District - Bilaspur (C.G.) 5 - The Commissioner Bilaspur Division, Bilaspur, District - Bilaspur (C.G.)
... Respondent(s) (Cause title taken from CIS) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.07 16:03:14 +0530
2 For Petitioner(s) : Shri Ramakant Pandey, Advocate. For Respondent/State : Shri Anmol Sharma, Panel Lawyer. For Respondent no. 4 : Shri Dhiraj Wankhede, Advocate.
Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 06.02.2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent 2, 3 & 4 for proper assessment of compensation by applying the proper slab of square meter as the award has been passed by the respondent Land Acquisition OfÏcer towards the land of the petitioner which has been acquired by the NHAI pursuance to the award dated 08.11.2020
2. Learned counsel for the NHAI submits that as the award has already been passed, the petitioner is having an alternative remedy to approach the Commissioner cum Arbitrator under Section 3G(5) of the the National Highways Act, 1956. He submits that he may approach the authority under Section 3G(5) and the appropriate authority shall consider the claim of the petitioner and pass necessary orders regarding the reassessment of the compensation amount.
3. In view of the aforesaid submission, the writ petition is disposed of with a direction to the petitioner to approach the appropriate authority under Section 3G(5) i.e. Revenue Divisional Commissioner/Arbitrator within a period of 30 days and the Arbitrator is directed to pass the necessary order within a stipulated period which is prescribed under the law i.e. within a period of 12
3 months as enumerated in Section 29A of the Arbitration and Conciliation Act, 1996. Sd/-
(Bibhu Datta Guru) Judge Shoaib