2024:CGHC:30007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4026 of 2024

1. Charan Singh Sinha S/o Chamar Singh Aged About 65 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G. 2. Lokesh Sahu S/o Agnu Ram Sahu Aged About 46 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G. 3. Bhagwati Sinha W/o Karan Singh Sinha Aged About 62 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G. 4. Mohan Sinha S/o Dilram Sinha Aged About 54 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G. 5. Sundar Bai Sahu W/o Hariram Sahu Aged About 71 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G. 6. Binda Bai Sahu W/o Ghasi Ram Sahu Aged About 65 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G. 7. Manoj Sahu S/o Amarchand Sahu Aged About 62 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G. 8. Ravindra Kumar Markam S/o Sunher Singh Markam Aged About 37 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G. 9. Sanwali Bai Markam W/o Sharavan Markam Aged About 48 Years R/o Village 10. Sunita Bai Nag W/o Ramdayal Nag Aged About 52 Years R/o Village Palna, 11. Budhan Bai Sahu D/o Hariram Sahu Aged About 65 Years R/o Village Palna, 12. Sunita Bai Bhagat W/o Dev Narayan Bhagat Aged About 34 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G. 13. Narrotam Nishad S/o Usaru Ram Nishad Aged About 40 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G. 14. Sukh Ram Nishad S/o Mangan Ram Nishad Aged About 62 Years R/o Village Palna, Tehsil- Baderajpur, District- Kondagaon, C.G.

... Petitioners Versus

1. Union Of India Through The Secretary, Ministry Of Road Transport And Highways, Transport Bhawan-1, Parliament Street, New Delhi 110001. 2. Chairman National Highways Authority Of India, Nhai Head Quarter, G-5 And 6, Sector 10 Dwarka, New Delhi- 110075. 3. Secretary State Of Chhattisgarh Department Of Revenue Mahanadi Bhawan, Naya Raipur, District- Raipur, C.G. 4.Collector Kondagaon, District- Kondagaon, C.G. 5. Sub-Divisional Officer (Revenue) Cum Land Acquisition Officer, Kondagaon, District- Kondagaon, C.G. 6. Project Director National Highway Authority Of India, Project Execution Unit-

Dhamtari, Block-F-5, Shivraj Greens, Sihava Road, District- Dhamtari, C.G.

... Respondents For Petitioners : Mr. Rohit Sharma, Advocate For Respondent-State : Mr. Anmol Sharma, Panel Lawyer For Respondent No. : Mr. Ramakant Mishra, Dy. Solicitor General along with Mr. Niraj Baghel, Advocate For Respondent No. 2: Mr. Dheeraj Kumar Wankhede, Advocate along with & 6 Mr. Shreya Daga Chopda, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

09 /08/2024

1. The petitioner has filed this writ petition seeking following reliefs:-

“10.1 That, the Hon’ble Court may kindly be pleased to hold that, the impugned award is arbitrary and unjust.

10.2 That, this Hon’ble Court may be pleased to issue appropriate writ/order/direction and thereby direct the respondent authority to enhance the compensation award amount payable to the petitioners and/or direct the respondent to re-consider the compensation entitlement of the petitioners.

10.3 Grant any other relief(s)/ order(s)/ directions(s) in favour of the petitioner, which may deem fit and proper in the facts and circumstances of the case, including awarding the cost to the petitioner.”

2. Learned counsel for the Respondents raises an objection that the petitioner is having alternate efficacious remedy of filing an application seeking arbitration under the provisions of Section 3G (5) of the National Highways Act, 1956.

3. After arguing for sometime, learned counsel for the petitioner submits that in view of the objection raised by the counsel for the respondents, he may be permitted to withdraw this petition with liberty to avail the alternate remedy available under law. He also submits that office be directed to return back the certified copie