1 CGHC010063222023 2026:CGHC:27766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 904 of 2023 1 - Damodar Patel Widow Of Chilharan Patel Aged About 50 Years Resident Of Village - Bhelai, Tahsil Masturi, District Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh. 2 - The Collector, Bilaspur, District Bilaspur Chhattisgarh. 3 - The Sub-Divisional Officer (Revenue)/land Acquisition Officer, Bilaspur, District-Bilaspur Chhattisgarh. 4 - The National Highway Authority, Through The Project Director, Project Implementation Unit, Bilaspur, Abhilasha Parisar, Behind New Bus Stand, Tifra, Bilaspur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Ramakant Pandey, Advocate. For Respondent(s)/State : Mr. S. S. Choubey, G.A. For Respondent/NHAI : Mr. Dhiraj Kumar Wankhede, Advocate along with Ms. Stuti Shukla, Advocate. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/07/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call the records pertaining to the case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to forthwith pay the assessed compensation to the petitioner towards her acquired land with interest as per provisions of Section 80 of Right to Fair Compensation and Transparency of Land Acquisition, Rehabilitation and Resettlement Act, 2013 towards delay in payment of compensation amount from the date of taking possession to the date of actual payment of compensation. 10.3 Any other relief, which this Hon'ble Court may deem fit in favour of petitioner, may also be granted.” 2. Learned counsel for the petitioner submits that the petitioner is not assailing any specific order in the present writ petition; rather, the limited grievance of the petitioner is with regard to the non- payment of the compensation amount already assessed and determined in respect of her land acquired by the respondent authorities. He further submits that, despite acquisition of the 3 petitioner’s land and taking over possession thereof, the assessed compensation amount has not been disbursed to the petitioner till date. It is, therefore, prayed that an appropriate direction be issued to the respondent authorities to forthwith release and pay the assessed compensation amount to the petitioner, along with interest for the delay in payment of compensation from the date of taking possession of the acquired land till the date of actual payment, in terms of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. 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 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. 4. Having heard learned counsel for the parties and perused the material available on record. 5. 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 4 stipulated period which is prescribed under the law i.e. within a period of 12 months as enumerated in Section 29-A of the Arbitration and Conciliation Act, 1996. However, the petitioner can raise his claim for interest before the Arbitrator. 6. With this observation and direction, the writ petition stand disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat