1 2026:CGHC:10735 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 516 of 2026 Balajee Real Infra. Private Limited Through Director, Mohan Lal Agrawal, Aged About 56 Years, S/o Late Bhagwan Das Agrawal, Address At Bajrang Nagar, Tehsil And District Raipur, Chhattisgarh. ... Petitioner. Versus 1. State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Capitol Complex, Naya Raipur, District Raipur, Chhattisgarh. 2. The Collector, Raipur District Raipur, Chhattisgarh. 3. Competent Authority Cum Sub-Divisional Officer (Revenue And Land Acquisition Officer), Abhanpur, District Raipur, Chhattisgarh. 4. National Highway Authority Of India Through Its Project Director, Project Work Division- Dhamtari, Block F- 5, Shivraj Greens, Siwaha Road, Dhamtari, Chhattisgarh. 5. Commissioner Cum Arbitrator Raipur, District Raipur Chhattisgarh ... Respondents. (cause title downloaded from CIS Periphery) For Petitioner : Mr. Raza Ali & Mr. Ankur Agrawal, Advocates. For Res No.1,2,3 & 5 : Mr. Vinay Pandey, Dy. AG. For Res No.4 Mr. Dhiraj Kumar Wankhede, Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 02/03/2026 Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.03.03 10:26:27 +0530 2 1. This Writ Petition under Article 226 of the Constitution has been filed for the following reliefs:- “1. That, this Hon'ble Court may kindly be please to allow this present writ petition and direct the respondents to produce the entire records pertaining to present case for its kind perusal. 2. That, this Hon'ble Court may kindly be please to issue an appropriate writ/order/direction to Respondents to demarcate the petitioner’s land and and grant compensation to the petitioner as per today’s market value, in accordance with law. 3. That, this Hon'ble Court may kindly issue an appropriate writ/order/direction to Respondents to restore the petitioner’s land in its original form before the stage of construction and restrict the respondent authorities to use use the petitioner's land without providing compensation to the petitioners. 4. That, this Hon'ble Court may kindly issue an appropriate writ/order/direction to decide the petitioner’s application filed under Section 75 of The Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which is pending for consideration within specific period of time. 5. That, this Hon'ble court may kindty issue an appropriate writ order/direction to decide the petitioner’s application filed under section 3G of National Highways Act, 1956, which is also pending for consideration within specific period of time. 6. That, any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be awarded in the favour of the petitioner. 7. That, the cost of the petition may kindly be awarded to the petitioner.” 3 2. Learned counsel for the petitioner submits that the petitioner Company is the recorded owner of land bearing Khasra No. 54/4, 54/5, & 54/6 situated at Village Kolar, Patwari Halka No. 00010, Tahsil Abhanpur, District Raipur, which was purchased by the petitioner through a registered sale deed. Mutation has also been carried out in favour of the petitioner. He submits that as per the demarcation report dated 26.12.2022 (Annexure-P/4), the Revenue Inspector has reported that out of Khasra No. 54/4, 54/5, & 54/6, 0.024 hectares have been affected in the Bharatmala Project. However, in the Panchnama dated 26.12.2022, the Patwari reported that out of 0.81 hectares of land, 0.024 hectares have been affected under the said Project. Counsel further submits that despite the land of the petitioner being used in the construction of the National Highway under Bharatmala Project, no compensation has been awarded to the petitioner. Therefore, the petitioner filed an arbitration application/reference under Section 3G(5) of the National Highways Act, 1956, before the learned Commissioner-cum- Arbitrator, Raipur (Respondent No. 5), which is still pending consideration. He submits that, at this stage, this petition may be disposed of with a direction to Respondent No. 5 to decide the pending arbitration case in an expeditious manner. 3. Learned counsel for Respondent No.4 (NHAI) submits that as per the Compensation Calculation Sheet (at Page No. 86), Serial No. 26, Khasra No. 54/1, an area of 0.495 hectares of land has been acquired, however, in the column of Khasra No.54/1, names of about 12 persons are mentioned. Thereby, even if the 0.495 hectare area also consists of land belonging to the petitioner, the issue of entitlement to receive compensation can be decided under Section 3H(4) of the National Highways Act by the Principal Civil 4 Court of original jurisdiction. However, he has no objection to the limited prayer made by counsel for the petitioner. 4. Learned State counsel submits that the pending arbitration application/reference of the petitioner shall be considered and decided by Respondent No. 5 in accordance with the law. 5. Having considered the submissions of the learned counsel for the parties and considering the limited prayer made by counsel for the petitioner, without going into the merits of the case, this writ petition is disposed of with a direction to Commissioner-cum-Arbitrator, Raipur/Respondent No.5, to consider and decide the pending arbitration application filed by the petitioner under Section 3G(5) of the Act of 1956 in an expeditious manner, preferably within a period of 6 months. 6. With the aforesaid direction, this petition stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay