2025:JHHC:27745 1 W.P.(C) No. 1673 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1673 of 2022 Birendra Kumar S/o Late Jagdish Ravidas, aged about 32 years, resident of Manjhila Chumba, P.O.- Kuju, P.S.-Kuju O.P. (Mandu), District- Ramgarh, Jharkhand. ….........Petitioner(s) Vrs. 1.The State of Jharkhand through Chief Secretary, Govt. of Jharkhand, HEC, Dhurwa, P.O.+P.S.-Dhurwa, District-Ranchi, Jharkhand 2.Dy. Commissioner, Ramgarh, P.O.+P.S.—Ramgarh, District-Ramgarh, Jharkhand. 3.District Land Acquisition Officer -cum-Competent Authority, Ramgarh, P.O.+P.S.-Ramgarh, District-Ramgarh, Jharkhand 4.National Highway Authority of India, Ministry of Transport and Road through its project Director, National Highway Authority, Ashok Nagar, Ranchi, P.O.-Doranda, P.S.-Argora, District-Ranchi, Jharkhand .......... Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Ranjan Prasad Sinha, Advocate For the Resp.-State : Mr. Manish Mishra, G.P.-V For the Resp.-NHAI : Mr. Ajit Kumar, Sr. Advocate Ms. Khusboo Kataruka, Advocate Mr. Shubham Kataruka, Advocate Mr. Gaurav Kumar, Advocate 18/11.09.2025 The present writ petition has been filed for the following relief(s): “For issuance of writ/s, order/s, Direction/s in the nature of mandamus up to the respondents to pay compensation amount to the petitioner against acquisition of land of the petitioner for widening of National Highway No. 33 (Hazaribagh to Ranchi) whereas the road has been constructed but compensation amount has not been paid to land loser’s i.e. petitioner in spite of several request letters i.e. Annexure-4,5, & 6 given by District Land Acquisition Officer -cum- Competent Authority, Ramgarh (Respondent No. 3) to Project Director, National Highway Authority (Respondent no. 4) for issuance of fresh notifications under the National Highways Act,1956. And/or Further for a direction upon the respondent no.3 and respondent no. 4 to pay the compensation amount with interest from the date on which the petitioner dispossessed from the land of the respondents” 2. The description of the land is as follows: 2025:JHHC:27745 2 W.P.(C) No. 1673 of 2022 Land pertaining to Mauza Kuju, Thana No. 154, Khata No. 02, Plot No. 1033 total Area 1.40 Acres 3. There is some dispute between the Land Acquisition Officer, Ramgarh under the State Government and the authority of National Highway Authority of India (NHAI). 4. It appears that a dispute has been cropped up as to whether the land in question is a rayati land or government land. 5. This dispute has already been clarified by the State Government through their counter affidavit filed on 30.09.2023, the relevant para 15 to 22 is quoted hereunder: 15. That it is humbly stated and submitted that a local enquiry was done with regard to land in question and it was found by the Circle Officer that the nature of land is Gairmazurwa Khas Jungle as per the survey Khatiyan due to which the 3(D) Notification could not be done. 16. That it is humbly stated and submitted that the Project Director, NHAI, Ranchi has submitted a letter to the D.L.A.O., Ramgarh for rectification in 3(D) Notification proposal vide letter no.-1034 dated 07.10.2016. 17. That it is further humbly stated and submitted that after an application was given by the claimant, Jagdish Ravidash S/o Banwari Ravidash (the father of the present petitioner) to the D.L.A.O, Ramgarh, a fresh 3(A) proposal has been requested from the Project Director, National Highway Authority of India, Ranchi vide letter no. 329 dated 13.07.2020 and letter No. 756 dated 24.11.2021. 18. That it is humbly stated and submitted that the claims of the petitioner have not been settled and paid due to the reason that fresh notification under Section 3(D) of the National Highways Act, 1956, has not yet been done. 19. That it is humbly stated and submitted that the father of the petitioner had got the lands of Khata no.2 Plot No. 1033 Area-1.40 Acre of Mauza Kuju, District Hazaribagh now Ramgarh vide Government Settlement No. 129/88-89 by the competent authority and the jamabandi was opened in the name of Jagdish Ravidas S/o Banwari Ravidas and the last rent receipt was issued till 2011-12. 20. That it is humbly stated and submitted that the Respondent No.3 (the D.L.A.O, Ramgarh) vide letter No. 1220 dated 28.08.2023 called for a report with regard to the land in question from C.O. Mandu. In compliance of the above letter the C.O., Mandu submitted a report after making due enquiry through revenue Sub-Inspector and Circle Inspector vide letter no. 1549 dated 30.08.2023. According to their report the land 2025:JHHC:27745 3 W.P.(C) No. 1673 of 2022 of Khata no.2, Plot no. 1033, area 0.82 acres is recorded in survey Khatiyan as Gairmazurwa Khas type Jungle. It is further reported that the jamabandi of the said land was opened in the name of one Jagdish Rvidas, son of Banwari Ravidas and on basis of settlement case no. 129/1988-89 and rent of the said land was also issued till 2011-12 vide letter no. 1549 dated 30.08.2023. 21. That it is humbly stated and submitted that the compensation amount of the petitioner may be paid after publication of fresh notification and other formalities even for Gairmazurwa settlement land as per the letter dated 24.09.2018 bearing memo no.: 510 and letter dated 29.07.2019 bearing memo no. : 456 issued by Department of Revenue, Registration and Land Reforms, Government of Jharkhand to all Deputy Commissioners of the State. 22. That it is humbly stated and submitted that due to the earlier mistake made by the Kanoongo/Circle Inspector in publication of 3(A) Notification in the year 2011, due to which the differences and discrepancies cropped up in counter affidavit filed by the answering respondents.” 6. Thus, whether the petitioner has rayati status or not, this can only be accepted by the State Government, which is a competent authority and they have also accepted the same. 7. Therefore, once the rayati status has been accepted by the State authorities, the other authority i.e., the NHAI is alien to the dispute and they cannot raise the dispute regarding the status of the petitioner being rayati land holder of the land in question. 8. In that view of the matter, petitioner is entitled for compensation as per provisions of the NHAI Act. Accordingly, the Respondent no.3- District Land Acquisition Officer -cum-Competent Authority, Ramgarh is directed to initiate the process under Section 3(A) of the NHAI Act, 1956 and complete it as early as possible. 9. It is the constitutional mandate that all the authorities within the territory of India is duty bound to see that the command of the Court is duly carried out. 10. It is also clarified that petitioner is entitled for due rent from the date of utilization of land till the compensation is paid. It is hereby declared and directed that the period when the land has been utilized 2025:JHHC:27745 4 W.P.(C) No. 1673 of 2022 but compensation has not been paid, that will be taken care of while determining the amount of compensation under Section 3-G(2) of the NHAI Act, 1956. 11. Let the entire exercise be done within a period of three months from today. 12. With the above observation and direction, the writ petition stands disposed of. (Rajesh Kumar, J.) A.Mohanty