1 2025:CGHC:23798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1497 of 2021 Yashwant Kumar Jaiswal S/o Shri Shant Kumar Jaiswal Aged About 40 Years R/o Village- Sarwani, Tahsil And P.S. Kharsia, Distt. Raigarh, Civil And Revenue Distt. Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhavan, Atal Nagar, New Raipur (Chhatisgarh), District : Raipur, Chhattisgarh 2 - The Executive Engineer Public Works Department, National Highway Division Bilaspur Distt. Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh 3 - The Collector Raigarh, Distt. Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh 4 - The Sub Divisional Officer / Land Acquisition Officer Kharsia, Distt. Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Manoj Kumar Sinha, Advocate. For State : Mr. Tarkeshwar Nande, Panel Lawyer. For Resp./UOI : Mr. Tushar Dhar Diwan, Central Govt. Counsel. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 13/06 /2025 1. The petitioner has filed this writ petition under Article 226 of the Constitution of India against award dated 27.09.2016 passed by the Sub-Divisional Officer (Revenue) & Land Acquisition Officer-cum- Competent Authority Kharsiya, District- Raigarh (C.G.) by which the authority has assessed the compensation of the land which has been acquired for construction of road bearing Khasra No. 192/1A area admeasuring 0.040 hectare. The petitioner has also prayed for issuance of direction to respondents No. 2 to 4 to grant proper compensation of the aforesaid land, in accordance with law. ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.06.16 17:51:22 +0530 2 2. Learned counsel for the petitioner would submit that the quantum of award passed by the Sub-Divisional Officer (Revenue) & Land Acquisition Officer-cum-Competent Authority Kharsiya, District- Raigarh is not in accordance with law as less compensation has been awarded to the petitioner. He would further submit that the petitioner has already made representation against the less compensation awarded to him on 26.10.2018 & 15.12.2020 before the Sub-Divisional Officer (Revenue) & Land Acquisition Officer Kharsiya, District- Raigarh & Collector Raigarh respectively, which have not been taken into consideration which has necessitated him to file this writ petition and would pray for quashing of the award dated 27.09.2016. 3. On the other hand, learned counsel for respondent No. 2/National Highway would submit that the instant writ petition is not maintainable as the petitioner has alternate and efficacious remedy under Section 3 (G)(5)(2) of the National Highway Act, 1956 as he can raise the dispute before the Arbitrator appointed under Section (3)(G)(5) of the National Highway Act, 1956 and would pray for dismissal of the writ petition. 4. From perusal of Section 3(G) of the National Highway Act, 1956, it is quite vivid that if the land owner is not satisfied with the award, the land owner can raise dispute before the Arbitrator appointed by the Central Government. 5. In view of above factual matrix, learned counsel for the petitioner would submit that the instant petition may kindly be disposed of by granting liberty to the petitioner to raise dispute before the Arbitrator appointed under the National Highway Act, 1956. 6. Accordingly, the instant petition is disposed of granting liberty to the petitioner to raise dispute before Arbitrator appointed by the Central Government under the National Highway Act, 1956 and the same shall be decided by the Arbitrator in accordance with law. 7. With the aforesaid direction, the instant writ petition is disposed of granting liberty to the petitioner as aforestated. Sd/- (Narendra Kumar Vyas) Judge Arun