1 CGHC010146792023 2026:CGHC:38409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2139 of 2023 1 - Shivmangal Singh Kanwar S/o Late Kartik Ram Aged About 52 Years R/o Village Pachpedi (Sohagpur), Tahsil Kartala, District - Korba (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Naya Raipur, District - Raipur (C.G.) 2 - National Highway Authority Of India Through Its Director, Project Execution Unit, Bilaspur, District - Bilaspur (C.G.) 3 - Collector District - Korba (C.G.) 4 - Sub Division Officer (R)/land Acquision Officer Korba District - Raigarh (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Jeet Ram Patel, Advocate. For Respondent(s)/State : Dr. Saurabh Kumar Pande, Dy. A.G. For Respondent No. 2 : Mr. Garry Mukhopadhayay, Advocate. For Intervenor : Mr. K. K. Dewangan, Advocate. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 31/08/2026 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 for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the concern respondents to release/pay the compensation amount in lieu of acquired land which has been acquired under National Highway for purpose of "Saragaon to Urga Road Widening Project" and also "Champa-Korba-Chhuri-Katghora Road Widening Project" in which award has already been passed, and accordingly the compensation may be paid to the petitioner with interest @ 18% per annuam. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to decide petitioner's representation (ANNEXURE P-1) to pay/release the compensation of the acquired land of the petitioner's late father within stipulated time, in the interest of justice. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel appearing for the petitioner submits that there is a dispute between the respective parties with regard to the apportionment of the amount of compensation payable in respect 3 of the subject matter. He further submits that, in view of the aforesaid dispute, the petitioner proposes to file an appropriate application before the competent authority under Section 3H(4) of the National Highways Act, 1956, seeking determination of the respective entitlement of the parties to the amount of compensation. He further submits that, as the matter pertains to an old dispute and the compensation amount is required to be appropriately apportioned amongst the concerned parties, the competent authority may kindly be directed to consider the application of the petitioner and decide the same expeditiously, strictly in accordance with law. 3. On the other hand, learned counsel appearing for the respondents as well as learned counsel appearing for the intervenor submit that they have no objection to the aforesaid prayer made on behalf of the petitioner. 4. I have heard learned counsel for the parties and have perused the material available on record. 5. Considering the facts and circumstances of the case, and particularly the nature of the dispute regarding apportionment of the compensation amount, the present writ petition is disposed of with liberty to the petitioner to file an appropriate application before the competent respondent authority under Section 3H(4) of the National Highways Act, 1956, within a period of 15 days from the date of receipt of a copy of this order. Upon receipt of such 4 application, the concerned respondent authority shall consider and decide the same, strictly in accordance with law, after affording due and reasonable opportunity of hearing to all the concerned parties, including the intervenor. The concerned respondent authority shall make all endeavour to take a final decision on the said application within a further period of 90 days from the date of receipt of the application, along with a copy of this order. 6. It is made clear that this Court has not expressed any opinion on the merits of the respective claims of the parties, and the competent authority shall decide the matter independently, on its own merits and in accordance with the applicable provisions of law. 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat