Facts
The petitioners, owners of lands in Khasra Nos. 429/2, 101/4, 102, and 104/2 in District Korba, alleged that the respondents forcibly demolished their residential house and boundary wall on the night of December 20/21, 2022, for road widening (Korba–Champa National Highway) without formal land acquisition proceedings or notice.
Source reference: paras 1–4The petitioners sought a stay on roadwork and a direction for the calculation of commercial-rate compensation and damages for the "illegal" demolition.
Source reference: para 1The respondents contended that the petition was not maintainable as an award had been passed and a statutory remedy for re-determination of compensation exists under the National Highways Act.
Source reference: paras 6–7Issues
1. Whether a writ petition under Article 226 is maintainable for disputes regarding the quantum and determination of compensation for land acquired under the National Highways Act, 1956.
Source reference: para 62. Whether the petitioners must be relegated to the statutory remedy of arbitration provided under the National Highways Act.
Source reference: para 18Law Applied
The court applied Section 3-G(5) of the National Highways Act, 1956, which mandates that disputes regarding compensation determined by the competent authority shall be resolved by an arbitrator appointed by the Central Government.
Source reference: para 11Section 3-G(6), which makes the Arbitration and Conciliation Act, 1996, applicable to such proceedings.
Source reference: para 11The court relied on the Supreme Court precedents in NHAI v. Sayedabad Tea Company Ltd. (2020), which established that the 1956 Act is a "complete code".
Source reference: para 14NHAI v. Sheetal Jaidev Vade (2022), which prohibited the use of writ jurisdiction to execute or interfere with arbitral awards when alternative remedies exist.
Source reference: para 15Reasoning
The Court observed that the primary grievance—non-payment or insufficient payment of compensation for structures demolished during road widening—involved disputed questions of fact.
Source reference: para 16The Court reasoned that since the National Highways Act, 1956, is a self-contained code, it provides a specific, efficacious mechanism under Section 3-G(5) for the re-determination of compensation.
Source reference: para 17Following the doctrine of exhaustion of alternative remedies, the Court found that the petitioners’ claims regarding the "mistaken" or "illegal" nature of the demolition and the resulting quantum of damages are matters properly falling within the domain of the statutory Arbitrator rather than the writ court.
Source reference: para 18Holding
The High Court disposed of the writ petition without interfering with the respondents' actions, holding that the petitioners must avail the statutory remedy under Section 3-G(5) of the Act of 1956.
The Court granted the petitioners liberty to file an application for re-determination of compensation before the competent authority within 15 days, directing the authority to decide the matter expeditiously and strictly in accordance with the law.
Source reference: paras 19–20Original Court PDF
KRISHNA KUMAR JAISWALvsNATIONAL HIGHWAY AUTHORITY OF INDIA
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