Disposed¶28

Manharan v. State of Chhattisgarh

Chhattisgarh HC9 Jun 2025WPC/1858/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh at Bilaspur; WPC No. 1858 of 2022; Manharan v. State of Chhattisgarh and others (incl. NHAI); NHAI land acquisition; 1400 sq.mtr. compensated, additional 200 sq.mtr. uncompensated; Section 3(G)(5), National Highway Act, 1956; Arbitrator/Commissioner appointed by Central Government; alternative remedy bar; writ petition disposed of with liberty to approach Arbitrator; single bench of Justice Arvind Kumar Verma; decided 10/06/2025.

What did the court decide?

Petition disposed of with liberty to the petitioner to file an application under Section 3(G)(5) of the National Highway Authorities Act, 1956 before the concerned Arbitrator/Commissioner appointed by the Central Government, if so advised. ¶28

Manharan Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:22891

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1858 of 2022

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1 - Manharan S/o Lt. Shri Khilawan Aged About 56 Years R/o Village Temri, Tahsil- Nawagarh, District- Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, P.O.- Rakhi, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

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

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3 - The Sub Divisional Officer (R), Bemetara, District- Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh

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4 - The Project Director, National Highway Authority Of India, Project Implementing Unit, Abhilasha Parisar, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

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... Respondent(s)

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Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date:2025.06.11 11:23:44 +0530

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For Petitioner(s)	: Shri R.L.Rajak, Advocate on behalf of Shri
	Atul Kesharwani, Advocate
For Respondent/State	: Shri Rishabh Bisen, PL

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For Respondent No.4 : Shri Mayak Kumar, Advocate on behalf of Shri Dheeraj Kumar Wankhede, Advocate

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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10/06/2025

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Contention of the counsel for the petitioner is that the petitioner’s land of 1400 sq.mtr. has been acquired by the respondent No.4/NHAI and compensation had been determined. Apart from this, 200 sq.mtr. additional land has also been acquired by the respondent No.4 and compensation ha snot been determined and paid.

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Counsel for respondent No.4/NHAI submits that as per the provisions of Section 3(G)(5) of the National Highway Act,1956, the petitioner has alternative remedy to file application before the Arbitrator to be appointed by the Central Government ie. the Commissioner.

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From perusal of Section 3 (G)(5) of the National Highway Act, 1956, which reads that :

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“if the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptation to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.”

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The Central Government has already appointed Commissioner as Competent authority/Arbitrator to decide the amount of compensation which has not been accepted by the petitioner. Therefore, I don’t find any good ground to entertain this present petition. However, the petitioner is at liberty to file application under Section 3(G)(5) of the National Highway Authorities Act,1956 before

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the concerned Arbitrator/Commissioner appointed by the Central Government if so, advised.

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With the above observation, the petition stands disposed of.

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Sd/-

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(Arvind Kumar Verma) Judge

Manharan v. State of Chhattisgarh

Case brief

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Manharan v. State of Chhattisgarh

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