SHIVMANGAL SINGH KANWAR vs STATE OF CHHATTISGARH

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CGHC010146792023 2026:CGHC:38409
Digitally
signed by
RAGHVENDRA
JAT
RAGHVENDRA
JAT
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.

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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

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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

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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