Kishor Kumar Vs Union of India

4 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh

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5 - Competent Authority (Land Acquisition)-Cum-Sub-Divisional Officer (Revenue) Durg, District Durg, Chhattisgarh

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6 - Sub-Divisional Officer (Revenue) Durg, District- Durgh, Chhattisgarh

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--- Respondent(s)

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WPC No. 642 of 2025

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1 - Kishor Kumar S/o Late Shri Chaturdas Verma Aged About 61 Years R/o Bk-33/l, Risali Sector, Bhilai, Tehsil And District Durg, Chhattisgarh

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2

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--- Petitioner(s)

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Versus

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1 - Union Of India Through Its Secretary, Ministry Of Road, Transport And Highways, Transport Bhawan 1, Parliament Street, New Delhi

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2 - National Highways Authority Of India Through Its Project Director, Project Implementation Unit, Raipur, District Raipur, Chhattisgarh

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3 - Project Director Old Montfort School Campus, N.H. 30 Jhanki, Abhanpur, District Raipur, Chhattisgarh

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4 - State of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh

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5 - Competent Authority (Land Acquisition)-Cum-Sub-Divisional Officer (Revenue), Durg, District Durg, Chhattisgarh

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6 - Sub-Divisional Officer (Revenue) Durg, District Durg, Chhattisgarh ... Respondent(s)

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For Petitioner(s)	: Mr. Amrito Das, Advocate
For Respondent(s)/ State	: Mr. Santosh Bharat, Panel Lawyer.
For Respondent Nos.2 & 3.	: Mr. Dhiraj Kumar Wankhede, Advocate

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Hon’ble Shri Bibhu Datta Guru, Judge

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Order on Board

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10/02/2025

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By the present writ petitions, the petitioner is seeking following

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reliefs:-

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10.1 this Hon'ble Court may kindly be pleased to call for the entire record pertaining to the issuance of the award dated 20.12.2022 (ANNEXURE P-1) for its kind perusal.

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10.2 this Hon'ble Court may kindly be pleased to pass

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an appropriate writ / order quashing and setting aside

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3

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the award dated 20.12.2022 (ΑΝΝNEXURE P-1) to the extent it relates to the petitioner.

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10.3 this Hon'ble Court may kindly be pleased to pass an appropriate writ / order directing respondent No. 5 (Sic 4) to recompute the compensation payable to the petitioner strictly in accordance with law as per the directives issued by this Hon'ble Court in Ashutosh Agarwal v. Union of India, WA No. 07/2019, decided on 06.12.2019 (ANNEXURE P-8).

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10.4 this Hon'ble Court may kindly be pleased to pass an appropriate writ / order directing respondent No. 5 (Sic 4) to pay the petitioner the appropriate compensation upon recomputing with all consequential benefits.

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10.5 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case.

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Learned counsel for the petitioner submits that the award passed by the respondent No.5 is contrary to the principles and guidelines framed by this Court in the matter of Ashutosh Agrawal Vs. Union of India in WA No.07/2019 decided on 06/12/2019. The competent authority/SDO(Revenue) without applying the principles laid down by this Court in Ashutosh Agrawal (supra) has passed the award and quantify the compensation.

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4

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Learned counsel for the respondent/N.H.A.I. would submit that the similar issue has been taken into consideration and the writ petition and writ appeal have been decided by directing such petitioners who have questioned the award on the ground of non-application of the guidelines and principles laid down by the division Bench in WA. No.7/2019 to approach the Arbitrator under Section 3G (5) of the National Highways Act, 1956. He refers the order dated 12/03/2021 in WA No.423/2020, order dated 10/12/2024 in WA No.140/2022 and order dated 26/11/2024 in WA No.9/2021. He further submits that against the order dated 06/12/2019 in WA No.07/2019 of this Court one SLP No.16756-16757/2023 is pending before the Hon’ble Supreme Court, however, there is no stay to the order passed by this Court in WA No.07/2019.

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I have heard learned counsel for the parties and perused the pleadings of the petitioner as well as the contentions raised by counsel for the petitioner and for the N.H.A.I./respondent.

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From perusal of reliefs sought by the petitioner herein shows that the petitioner is raising grievance towards the quantum of amount of compensation as the guidelines framed by the division Bench of this Court in WA No.07/2019 has not been taken care while passing the award dated 20/12/2022 Annexure P-1.

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There is no dispute with regard to the Act, under which, lands of the petitioners were acquired. Bare perusal of the relief as

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5

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extracted above would show that grievance raised by the petitioners are with regard to the quantum of amount of compensation. Under Section 3G (5) of the Act, 1956, the Central Government appoints an Arbitrator for deciding the grievance of either parties with respect to the amount of compensation.

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As the present writ petitions are also questioning the quantum of compensation, hence, the division Bench of this Court on various occasions i.e. while deciding the Writ Appeals Nos. 423/2020, 140/2022 and 9/2021 has disposed of various writ petitions directing the land owners to approach and avail the remedy available under Section 3G (5) of the Act, 1956 by filing appropriate application in this regard. Hence, the writ petitions are disposed of with a liberty to the petitioner to file appropriate application before the Arbitrator under Section 3G (5) of the Act, 1956 within a period of four weeks and in case, the petitioner approach the Arbitrator by filing an appeal under Section 3G (5) of the Act, 1956, the Arbitrator to decide the dispute/appeal of the petitioner preferably within a further period of three months in accordance with law keeping in mind the order passed by this Court in WA No.07/2019.

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With the above observation, the writ petitions are disposed of.

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SD/-

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(Bibhu Datta Guru)

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Judge

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Amardeep

Kishor Kumar v. Union of India

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Kishor Kumar v. Union of India

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