Extracted from the PDF above. The PDF is authoritative.
2024:JHHC:45138
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2800 of 2022 ---- Kokil Saw, aged about 63 years, S/o Jago Saw, Resident of Village-Aarapgaar Pandeybara, P.O & P.S. Chouparan, District-Hazaribag
…. …. Petitioner -Versus-
1. The State of Jharkhand
2. District Land Acquisition Officer, Giridih, P.O & P.S & District-Hazaribag
3. National Highway Division, NHAI-02 Chauparan, P.O & P.S. Chauparan, District-Hazaribag
…. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----
For the Petitioner
: Mr. H.K. Shikarwar, Advocate
For the Resp.-State
: Mr. P.C Sinha, AC to G.A-III
For the Resp-NHAI
: Mrs. Sweety Topno, Advocate
: Mr. A.R Kisku, Advocate ----
13/Dated: 09th September, 2025
1. Heard the parties.
2. The description of land is as follows:-
“Land situated at Plot No.352, Halka-06, Mauja- Aarapgaar, Village-Aarapkaar, Chauparan District- Hazaribag admeasuring 3 decimals”
3. Admittedly, the petitioner is an awardee and he has claimed parity. He has also made complaint regarding the arbitrary attitude of the authority.
4. It has been submitted that he has been given differential treatment for reason best known to the authority.
5. It is an settled law, so far as the dispute regarding the quantification is concerned, that area is covered by Section 3G(5) of the National Highways Act, 1956 which is quoted herein below:-
“3G (5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government”
6. In view of the above facts and the legal position, the present writ petition is hereby, disposed of giving liberty to the petitioner to approach the concerned authority and the authority is directed to refer the matter to the concerned arbitrator as per the mandate. It is expected that the arbitrator shall decide the issue as early as possible.
(Rajesh Kumar, J.) Raja/- Uploaded
2. W.P.C No.2800 of 2022