1 2026:CGHC:23139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4467 of 2021 Ram Milan Tiwari, S/o. Late S.K. Tiwari, Aged About 66 Years, R/o. C- 4, Shriram Parisar, Shanti Nagar, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh, Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 – Collector, Bilaspur, District Bilaspur, Chhattisgarh. 3 - Prescribed Authority (Land Acquisition) And Sub Divisional Officer (Revenue) Bilaspur, District Bilaspur, Chhattisgarh. 4 – Tahsildar, Takhatpur, Tahsil Takhatpur, District Bilaspur, Chhattisgarh. 5 – Patwari, P.H. No. 37, Revenue Circle Sakari, Tahsil Takhatpur, District Bilaspur, Chhattisgarh. 6 - Project Director, Project Implementation Unit, National Highways ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.05.15 17:05:34 +0530 2 Authority Of India, Office At Abhilasha Parisar, Tifra, District Bilaspur Chhattisgarh. ... Respondents For Petitioner : Ms. Priyanka Rai, Advocate For Respondents No.1 to 5 : Dr. S.K. Dewangan, Panel Lawyer For Respondent No.6 : Mr. Ali Asgar, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 15.05.2026 1. The petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the award of competent authority (Land-Acquisition) -cum- Sub Divisional Officer (Revenue), Bilaspur dated 26.06.2018 passed in Land Acquisition Case No. 33/ A-82 Year 2016-2017 by which compensation has been determined for acquiring the land of the petitioner against which, this writ petition has been filed. 2. Learned counsel for the petitioner submits that compensation was not properly calculated by the Land Acquisition Officer and the action of the Land Acquisition Officer is discriminatory. He submits that the alternative remedy available under section 3G(5) of the National Highways Act, 1956 is not a bar to approach this Court by way this writ petition. 3 3. Per contra, learned counsel for appearing respondent No.6 (NHAI) would submit that the proper remedy available to the petitioner is to file an application for arbitration under section 3G(5) of the National Highways Act. 4. I have heard learned counsel for the parties and have also perused the material available on record. 5. The language employed in section 3G(5) would show that if compensation determined by the competent authority under sub- sections (1) or (2) is unacceptable to either party, the amount shall on an application be determined by the arbitrator to be appointed by the Central Government. 6. Since the Commissioner of Bilaspur is the competent authority to act as an Arbitrator for determining proper compensation, the petitioner is at liberty to approach the Arbitrator by filing application in accordance with law within 2 weeks from today. On such an application being filed, the arbitrator after hearing parties shall pass the appropriate award within a period of 60 days from the date of receipt of the application of petition. 7. With the above observation/direction, this writ petition stands disposed off. Sd/- (Sanjay K. Agrawal) Ashok Judge