Babulal Patel Vs State of Chhattisgarh — Arbitration | Chhattisgarh HC (2025)

Babulal Patel Vs State of Chhattisgarh — Arbitration | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Petitions disposed of with directions: petitioners to approach the Revenue Divisional Commissioner/Arbitrator under Section 3G(5) of the National Highways Act, 1956 within 30 days for reassessment of compensation; the Arbitrator to pass the necessary order within 12 months as per Section 29-A of the Arbitration and Conciliation Act, 1996; petitioners free to raise their claim for interest before the Arbitrator.

Issue for consideration

Whether the petitioners are entitled to a direction for proper assessment of compensation for their land acquired by NHAI, by applying the proper slab per square metre, in view of the award dated 31.05.2022 passed by the Land Acquisition Officer. +1 more

Ratio / Principle

In view of the NHAI's submission regarding the alternative remedy, the writ petitions are disposed of with a direction to the petitioners to approach the appropriate authority under Section 3G(5) of the National Highways Act, 1956, i.e. the Revenue Divisional Commissioner/Arbitrator, within a period of 30 days.

Key takeaways

The Arbitrator is directed to pass the necessary order regarding reassessment of compensation within the stipulated period 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.ratio¶99
The petitioners are permitted to raise their claim for interest before the Arbitrator.ratio¶101

Detailed headnote1 paragraphs

Batch of nine writ petitions (WPC Nos. 890, 909, 906, 901, 915, 905, 1011, 977 and 1042 of 2023) by landowners of Village Bhelai, Tahsil Masturi, District Bilaspur, seeking a direction for proper assessment of compensation (application of proper slab per square metre) for land acquired by NHAI pursuant to the Land Acquisition Officer's award dated 31.05.2022. On NHAI pointing to the alternative remedy, the High Court (Arvind Kumar Verma, J.) disposed of the petitions, directing the petitioners to approach the Revenue Divisional Commissioner/Arbitrator under Section 3G(5) of the National Highways Act, 1956 within 30 days; the Arbitrator to pass the necessary order within 12 months as enumerated in Section 29-A of the Arbitration and Conciliation Act, 1996; petitioners permitted to raise their claim for interest before the Arbitrator.

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2025:CGHC:24519

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 890 of 2023

1 - Bodhiram @ Devkumar Patel S/o Lakheshwar Patel Aged About 50 Years R/o 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, District : 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, District : Bilaspur, Chhattisgarh

Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date:2025.06.17 16:25:53 +0530

--- Respondent(s)

2

WPC No. 909 of 2023

1 - Dev Prasad S/o Chamar Singh Aged About 55 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 Implemention Unit, Bilaspur, Abhilasha Parisar, Behind New Bus Stand, Tifra Bilaspur Chhattisgarh.

--- Respondent(s)

WPC No. 906 of 2023

1 - Gopal Patel S/o Ratan Singh Patel Aged About 52 Years R/o 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 District Raipur Chhattisgarh

2 - The Collector Bilaspur, District Bilaspur Chhattisgarh

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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 District Bilaspur Chhattisgarh

--- Respondent(s)

WPC No. 901 of 2023

1 - Rajkumar Patel S/o Satyanarayan Patel Aged About 62 Years R/o Village Bhelai Tahsil Masturi, District : Bilaspur, Chhattisgarh

--- Petitioner(s)

Versus

1 - State Of Chhattisgarh Though The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh.

2 - The Collector, Bilaspur, District : Bilaspur, Chhattisgarh

3 - The Sub Divisonal 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)

WPC No. 915 of 2023

1 - Rajkumar Patel S/o Satyanarayan Patel Aged About 62 Years Resident Of Village - Bhelai, Tahsil Masturi, District-Bilaspur Chhattisgarh.

--- Petitioner(s)

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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)

WPC No. 905 of 2023

1 - Hansram Patel S/o Late Lalitram Patel Aged About 60 Years R/o 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, District : Raipur, Chhattisgarh

2 - The Collector Bilaspur, District : Bilaspur, Chhattisgarh

3 - The Sub- Divisional Officer (Revenue) /land Acquisition Officer, Bilaspur, District : Bilaspur, Chhattisgarh

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4 - The National Highway Authority Through The Project Director, Project Implementation Unit, Bilaspur, Abhilasha Parisar, Behind New Bus Stand Tifra Bilaspur, District : Bilaspur, Chhattisgarh

Respondent(s)

WPC No. 1011 of 2023

1 - Sukhram Patel S/o Satyanarayan Patel Aged About 58 Years R/o Village Bhelai, Tahsil Masturi, District Bilaspur (C.G.)

--- Petitioner(s)

Versus

1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur (C.G.)

2 - The Collector Bilaspur, District Bilaspur (C.G.)

3 - The Sub Divisional Officer (Revenue)/land Acquisition Officer Bilaspur, District Bilaspur (C.G.)

4 - The National Highway Authority Through The Project Director, Project Implementation Unit, Bilaspur, Abhilasha Parisar, Behind New Bus Stand, Tifra, Bilaspur (C.G.)

Respondent(s)

WPC No. 977 of 2023

1 - Pancham Das Vaishnav S/o Nanki Dou Aged About 52 Years R/o Village Bhelai, Tahsil Masturi, District : Bilaspur, Chhattisgarh

--- Petitioner(s)

Versus

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1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mahanadi Bhawan, Mantralaya, New Raipur, District : 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, District : Bilaspur, Chhattisgarh

--- Respondent(s)

WPC No. 1042 of 2023

1 - Babulal Patel S/o Tekram Patel Aged About 59 Years R/o Village - Bhelai, Tehsil - Masturi, District - Bilaspur (C.G.)

--- Petitioner(s)

Versus

1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur (C.G.)

2 - The Collector Bilaspur, District - Bilaspur (C.G.)

3 - The Sub - Divisional Officer (Revenue)/land Acquisition Officer, Bilaspur, District - Bilaspur (C.G.)

4 - The National Highway Authority Through The Project Director, Project Implementation Unit, Bilaspur, Abhilasha Parisar, Behind New Bus Stand, Tifra, Bialspur (C.G.)

--- Respondent(s)

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For Petitioner(s) : Shri Ramakant Pandey, Advocate For Respondent/State : Ms. Upasna Mehta, Dy.GA For Respondent NO. 2 & 3 : Shri Shikhar Shukla, Advocate For Respondent No.4 Shri Dhiraj Wankhede, Advocate

(Hon’ble Shri Justice Arvind Kumar Verma)

Order on Board

16/06/2025

These batch of petitions have been filed by the petitioners’ seeking a direction towards the respondent No. 2, 3 & 4 for proper assessment of compensation by applying proper slab of square meter as the award has been passed by the respondent Land Acquisition Officer towards the land of the petitioners which has been acquired by the NHAI pursuant to the award dated 31.05.2022.

Counsel for the NHAI submits that as the award has already been passed, the petitioners are 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.

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) ie. Revenue Divisional Commissioner/Arbitrator within a period of 30 days and the Arbitrator is directed to pass the necessary order within a stipulated period which is prescribed under the law ie. within a period of 12 months as

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enumerated in Section 29-A of the Arbitration and Conciliation Act, 1996. However, the petitioners can raise their claim for interest before

the Arbitrator.

With the above observation, the petitions stand disposed of.

Sd/-

(Arvind Kumar Verma) Judge

Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date:2025.06.17 16:24:47 +0530