2026:CGHC:1614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3602 of 2022

1 - Balram Singh Gond S/o Late Ghurau Ram Aged About 51 Years R/o Ward No. 10, Purani Basti Katghora, Tahsil Katghora, District Korba Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Collector, Korba, District Korba Chhattisgarh. 3 - Sub Divisional Officer-Cum-Land Acquisition Officer, Katghora, District Korba Chhattisgarh. 4 - Branch Manager, Punjab National Bank, Katghora, District Korba Chhattisgarh.

5 - Kaushal Tendulkar, Sub Divisional Officer, Revenue, Katghora, District Korba Chhattisgarh. 6 - Sonit Meriya, The-Then Tahsildar, Katghora, Presently Posted In Collector Office, Korba, District Korba Chhattisgarh. 7 - Dashmat Bai Gond W/o Ful Singh Gond Aged About 68 Years D/o Ghurau, R/o Village Baksara, Post Pantora, Tahsil Baloda, District : Janjgir-Champa, Chhattisgarh 8 - Basant Bai W/o Balam Singh Aged About 47 Years D/o Ghurau R/o Village Tiwarta, Tahsil Deepka, District : Korba, Chhattisgarh 9 - Indrapal Singh S/o Chandrabhan Singh Aged About 29 Years R/o Village Jurali, Tahsil Pondi Uproda, District : Korba, Chhattisgarh ... Respondent(s)

For Petitioner : Mr. SRJ Jaiswal, Advocate For State : Mr. Abhishek Gupta, Panel Lawyer For R/4 : Mr. Sudhanshu Upadhyay, Advocate For R/6 : Mr. Sandip Kumar Pandey, Advocate For R/7 to 9 : Mr. Rajendra Tripathi, Advocate Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

12.01.2026

1. The petitioner has filed the present petition under Article 226 of the Constitution of India assailing the memo dated 26.05.2022 passed by the Contempt Authority and Sub-Divisional Officer (R), pursuant to which the compensation amount of ₹79,35,656/- deposited in his account maintained at Punjab National Bank, Katghora Branch, has been apportioned among six persons. Out of the said amount, five shares have been disbursed to the private respondents and one-sixth has been retained in the petitioner’s account as his share.

2. The brief facts are that the land of the petitioner bearing Khasra No. 52/2, admeasuring 0.146 hectare, P.H. No. 08, Village Katghora, was acquired by the National Highways Authority of India for widening of National Highway No. 111 under the Bharatmala Project. The competent authority initiated Land Acquisition Case No. 31/A-82/2018-19 and, vide award dated 15.07.2019, determined compensation to the sum of ₹79,35,656/-, which was deposited by NHAI in the petitioner’s aforesaid bank account. Thereafter, vide memo dated 17.03.2020, the amount was withheld. The Tahsildar submitted its report on 08.04.2022, stating that Dashoda Bai, Dashmat Bai, Basant Bai, Santoshi Bai and Indrapal Singh are also descendants of the petitioner’s father. The competent authority directed the bank to apportion the compensation into six equal shares. Consequently, the shares of the five aforesaid persons were released and one-sixth was retained in the petitioner’s account. Aggrieved thereby, the petitioner has filed the present petition.

3. Learned counsel for the petitioner would submit that once the award has been passed, the competent authority has become functus officio and can not alter or modify it, except for correction of arithmetical errors. On this premise, he seeks quashing of the memo dated 26.05.2022 and would place reliance on the decision of this Court in W.P.(C) No. 665 of 2019 (Mahesh Nachrani & Ors. v. Union of India & Ors.).

4. Per contra, learned counsel for the private respondents would submit that the order dated 26.05.2022 does not amount to modification or recall of the award but is only an order of apportionment among the persons found entitled to receive compensation, and therefore, no interference is warranted and would pray for dismissal of the writ petition.

5. I have heard learned counsel for the parties and perused the record.

6.