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2026 DAILYLAW 29515 (CHH)

RAJESH KUMAR TAMBOLI v. STATE OF CHHATTISGARH

WPC/3917/2026 · 2026-07-27

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010286752026 2026:CGHC:32443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3917 of 2026 1 - Rajesh Kumar Tamboli S/o Chaitram Tamboli, Aged About 51 Years R/o Kaserpara, Ward No. 5, Near Budha Mahadev Temple, Ratanpur, District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - Collector, Bilaspur, District Bilaspur (C.G.) 3 - Sub Divisional Officer (Revenue ) And Land Acquisition Officer, Kota, District Bilaspur (C.G.) 4 - Executive Engineer, Public Works Department, Bilaspur, Division, District Bilaspur (C.G.) 5 - Commissioner, Bilaspur, Division Distt. Bilaspur (C.G.) 6 - Project Director, National Highways Authority Of India, Project Implementation Unit Bilaspur, Abhilasha Parisar, Behind New Bus Stand, Bilaspur, District Bilaspur (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. J.K. Saxena, Advocate For State :- Dr. Saurabh Kumar Pande, Dy. A.G. For respondent NHAI:- Mr. Dhiraj Kumar Wankhede, Advocate ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Order on Board 28.07.2026 1. By way of this petition, following reliefs have been prayed:- “10.1 Direct the Respondents to pay interest on the compensation amount for the period from 25.10.2024 to 07.08.2025 (i.e., for a period of 10 months), which was wrongfully withheld despite the Petitioner being entitled to the same; 10.2 Hold that the delay in payment of compensation to the Petitioner is arbitrary, illegal, and violative of the Petitioner's lawful rights. 10.3 Grant any other relief, including costs of the petition, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel appearing for respondent- National Highways Authority of India submits that if the petitioner is claiming interest on the compensation amount, he has an efficacious statutory remedy under Section 3G(5) of the National Highways Act, 1956. It is submitted that the petitioner may approach the competent authority by filing an appropriate application under the aforesaid provision, whereupon the claim shall be considered in accordance with law. 3. Learned counsel for the petitioner submits that the petitioner may be granted liberty to file an appropriate application before the competent authority under Section 3G(5) of the National Highways Act, 1956. He 3 further prays that the petitioner be granted 30 days' time to approach the competent authority. 4. Having heard learned counsel for the parties and considering the nature of the grievance raised, this Court is not inclined to examine the claim on merits at this stage, particularly when an efficacious statutory remedy is available to the petitioner. 5. Accordingly, the writ petition is disposed of granting liberty to the petitioner to file an appropriate application under Section 3G(5) of the National Highways Act, 1956 before the competent authority within a period of 30 days from today. 6. In the event such an application is filed within the aforesaid period, the competent authority shall consider and decide the same by passing a reasoned and speaking order, strictly in accordance with law, as expeditiously as possible, preferably within a period of 60 days from the date of its receipt, after affording an opportunity of hearing to all concerned parties. 7. With the aforesaid liberty and directions, the writ petition stands disposed of. 8. No order as to costs. sd/- (Amitendra Kishore Prasad) Judge Vishakha