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2025 DAILYLAW 17436 (JHR)

URMILA KUWAR v. THE STATE OF JHARKHAND

WPC/3229/2025 · 2025-07-30

Rajesh Shankar

body2025

Judgment text

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2025:JHHC:21107 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 3229 of 2025 ---- 1. Urmila Kuwar, wife of Late Bhola Shankar Paswan 2. Nandev Manjhi, son of Late Sukan Manjhi 3. Saraswati Devi, wife of Vishnu Manjhi All are residents of Village- Pokhraha Khurd, P.O.- Rajwadih, P.S.- Daltonganj, District- Palamau … … Petitioners Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Palamau 3. The District Land Acquisition Officer-cum-Competent Officer, NH-75 (Sectin-III) K.M. from 147.450 (Bhogu) upto K.M. 196.870 (Sankha) 4 Lane Road Construction Programme, P.O.- Sadar, P.S.- Daltonganj, District- Palamau 4. The Project Director, P.I.U., N.H.A.I., Palamau 5. The Circle Officer, Daltonganj …. … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioners : Mr. Chandra Shekhar Pandey, Advocate For the Respondents : Mr. P.C. Sinha, A.C. to G.A.-III Order No. 02 Dated: 30.07.2025 The grievance of the petitioners raised in the present writ petition is that though the notice as contained in memo no. 721 dated 25.10.2023 (Annexure-3 to the writ petition) in Land Acquisition Case No. 01 of 2021-22 was issued to the petitioner nos. 1 & 2 and the husband of the petitioner no. 3 under Section 3G of the National Highways Act, 1956 by the respondent no. 3- the District Land Acquisition Officer, Palamau-cum-Competent Authority under the National Highways Act, 1956 (in short, “the Act, 1956”) asking them to appear before the said authority along with relevant documents with respect to the land in question so as to receive compensation in lieu of acquisition of the same, however 2 despite submitting the relevant documents, the amount of compensation has not yet been paid to them. 2. Learned counsel for the petitioners submits that the petitioners have the raiyati rights over the land appertaining to plot no. 833/A, Khata No. 87, Mouza- Pokhraha Khurd measuring an area of 0.4630 acre. Part of the said land was sought to be acquired under the provisions of the Act, 1956 for construction of four lane road under NH-75 (Section-III) from 147.450 K.M. (Bhogu) to 196.860 K.M. (Shankha). Accordingly, a land acquisition proceeding was initiated and the notice as contained in memo no. 721 dated 25.10.2023 was issued by the respondent no. 3. Though the petitioners submitted the required documents before the respondent no. 3, however thereafter, they neither received any intimation from the said respondent nor got compensation. Under the said compelling circumstance, they have preferred the present writ petition. 3. Mr. P.C. Sinha, learned A.C. to G.A.-III appearing on behalf of the respondents, submits that if the petitioners prefer a fresh representation in this regard before the respondent no. 3, their claim for compensation will be appropriately considered by the said respondent. 4. Having heard learned counsel for the parties and considering the nature of prayer made by the petitioners in the present writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer a fresh 3 representation seeking compensation for acquisition of the land in question. On receipt of the said representation, the respondent no. 3, after examining the relevant documents and on providing opportunity of hearing to the petitioners as well as other concerned persons, if any, shall take an appropriate informed decision within eighth (08) weeks from the date of filing of the said representation. 5. The writ petition is accordingly disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Ritesh/