1 2026:CGHC:26179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4419 of 2021 1 - Ramsevak S/o Chhabilal, Aged About 77 Years R/o Village Kirna, Tahsil Pathria District Mungeli Chhattisgarh --- Petitioner versus 1 - Government Of India Indian National Highway Authority Through Project Director, Project Implementation Unit Bilaspur Chhattisgarh 2 - Competent Authority And Sub Divisional Officer Revenue Bilaspur Chhattisgarh 3 - Additional Commissioner, Bilaspur Division Bilaspur Chhattisgarh 4 - Additional Collector And Competent Authority, Arbitrator National Highway No 200 /130 Bilaspur Chhattisgarh --- Respondent(s) (Cause title is taken from CIS system) For Petitioner : Mr. Syed Afaque Hussain Rizvi on behalf of Mr. Lav Kush Kumar Sahu, Advocate For Respondent No.1 : Mr. Ali Asgar, Advocate For Respondents/State : Mr. Atanu Ghosh, G.A. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 25/06/2026 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 That this Hon'ble Court may kindly be pleased to issue a writ of certiorari quashing the impugned order dated 01/09/2020 passed by respondent No.4 (Ann.P/7) in Rev. Case No.174/B-121/2013-14 Village- Kirna, Tahsil Patharia, District Mungeli holding it without jurisdiction and vitiated. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 10.2 That this Hon'ble Court may kindly further be pleased to allow the petition and enhance the amended award dated 04/01/2013 passed by the respondent No. 2 in Land Acquisition Case No.39A 82/2010-11 Village Kirna, R.I & Tahsil Patharia Distt. Mungeli (Ann. P/1) so far as it relates to the petitioner as given to the adjacent owners of the petitioner's land i.e as per Rs. 1,65,60,000/- per hectare or Rs. 1152/- per square meter. 10.3 That this Hon'ble Court may kindly further be pleased to issue an appropriate writ/order/direction to hold that the conduct of the respondent No.4 Additional Collector & Competent Authority (Arbitrator) suffers from malafide and was only done to give illegal favoritism to the respondent Nos. 1&2. 10.4 That, any other reliefs which this Hon'ble High Court deems fit and proper in the facts and circumstances of the case be also granted to the petitioner in the interest of justice.” 2. Grievance of petitioner is of not awarding appropriate amount of compensation in land acquisition proceedings initiated by the Sub- Divisional Officer-cum-Land Acquisition Officer in Land Acquisition Case No.39A-82/2010-11 dated 04.01.2013 and have sought enhancement of the amount of award in para 10.2 of the relief clause. It is also argued that the Collector is not having jurisdiction to pass impugned order. 3. From perusal of the documents it appears that after passing of an award on 04.01.2013, petitioner herein has submitted an application U/s.3 (G) (5) of the National Highways Act, 1956 before the Arbitrator, which was considered and decided vide Annexure P-7 dated 01.09.2020. 3 4. Under Sub-section (6) of Section 3 G of the Act, 1956 it is provided that subject to provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1956 shall apply to every arbitration under this Act and in view of the specific provision, if petitioner is not satisfied with the award/order of the Arbitrator dated 01.09.2020, rejecting the application filed under Section 3G (5) of the Act, 1956 petitioner is having remedy to file appropriate proceedings U/s. 34 of the Act of 1956. In the said proceeding, he can also raise ground of jurisdiction of the authority as one of the ground. 5. In the aforementioned facts of the case the writ petition itself is not maintainable and accordingly, it is dismissed reserving liberty to petitioner to avail the other remedy available under the law. Sd/- (Parth Prateem Sahu) Judge Balram