Budhram Vs the National Highway Authority of India

2 - The Regional Manager National Highway Authority Of India, Plot No. 159, Bunglow No. 1, Shubhankar Apartments, Ramnagar, Ambazari Hilltop, Nagpur 44033, Maharashtra

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3 - Project Director National Highway Authority Of India, House No. 5196, Behind Btit College, Shankar Nagar, Raipur 492007

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4 - Project Director National Highway Authority Of India, D-61, Hig-I (Akash, Abhilasha Parisar), Behind Hightech Bus Stand, Tifra, Bilaspur (C.G.)

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5 - Competent Authority (Under Nhai) / Sub-Divisional Magistrate (Revenue) Pendra Road, District Gaurela-Pendra-Marwahi (C.G.)

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6 - Kumar S/o Ajub Singh R/o Village - Dugra (Kariaam), Tahasil Pendra, Distt. - Gaurela-Pendra-Marwahi (C.G.)

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7 - Ramkripal S/o Pawan Gond R/o Village - Dugra (Kariaam), Tahasil Pendra, Distt. - Gaurela-Pendra-Marwahi (C.G.)

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8 - Sanas Ram S/o Ram Singh Kanwar R/o Village - Dugra (Kariaam), Tahasil Pendra, Distt. - Gaurela-Pendra-Marwahi (C.G.)

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9 - Banas Ram S/o Ram Singh Kanwar R/o Village - Dugra (Kariaam), Tahasil Pendra, Distt. - Gaurela-Pendra-Marwahi (C.G.)

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10 - Fagun Singh S/o Ramcharana Gond R/o Village - Dugra (Kariaam), Tahasil Pendra, Distt. - Gaurela-Pendra-Marwahi (C.G.)

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... Respondents

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For Petitioner : Mr. Rahul Mishra, Advocate. For Res./NHAI : Mr. Dhiraj Kumar Wankhede, Advocate. For State : Mr. Rishabh Bisen, Panel Lawyer.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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07/01/2026

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This petition has been filed by the petitioner under Article 226 of the Constitution of India assailing quantum of compensation of land bearing Khasra No. 565/4 area admeasuring 0.336 Hectare situated at VillageDurga (Kariaam) Tahsil- Pendra as per provisions of the Right to Fair

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Digitally signed by ARUN ARUN KUMAR KUMAR DEWANGAN DEWANGAN Date: 2026.01.08 11:38:43 +0530

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2

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Compensation and Transparency Land Acquisition, Rehabilitation and Resettlment Act, 2013 as well as the provisions of National Highway Act, 1956.

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From perusal of records, it is quite vivid that the petitioner’s land has been acquired for construction of PWD-National Highway as per Section 3G(5) of the National Highway Act, 1956 which provides that if the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable 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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Learned counsel for the respondent/NHAI would submit that they have already appointed Commissioner, Bilaspur Division as arbitrator and the petitioner can very well agitate the matter before the Commissioner, Bilaspur Division.

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From perusal of records, it is also quite vivid that the petitioner is alleging discrimination which is also required finding of facts as such, the writ petition at this juncture is not maintainable.

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However, liberty is granted to the petitioner for raising dispute before the arbitrator appointed by the Central Government i.e. Commissioner, Bilaspur Division within 30 days from the date of receipt of copy of this order. In the eventuality of raising dispute by the petitioner, neither the arbitrator nor the respondent will take a plea of limitation and the arbitrator will decide the matter on its own merits.

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In view of the above, the instant petition stands disposed of with the afore-stated liberty granted in favour of the petitioner.

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Sd/(Narendra Kumar Vyas) Judge

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Arun

Budhram v. the National Highway Authority of India

Case brief

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Budhram v. the National Highway Authority of India

Case brief

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