2025:JHHC:22978 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No.241 of 2025 National Highways Authority of India through its Project Director, Project Implementation Unit- Durgapur, namely, Mr. Manish Kumar, S/o Badri Narayan Singh, R/o NHAI Complex, Sector-2, Hallen Keller, Sarani, Pubali, Bidhannagar,PO- Bidhannagar, PS- Durgapur, District- Paschim Burdwan (WB). .... .. ... Petitioner(s) Versus 1. The State of Jharkhand. 2. The District Land Acquisition Officer, Dhanbad. 3. Gautam Shaw, S/o Late Gajanand Shaw, R/o Village- Mehra, PO & PS- Chirkunda, District- Dhanbad. 4. Uttam Kumar Shaw, S/o Late Gajanand Shaw, R/o Village- Mehra, PO & PS- Chirkunda, District- Dhanbad. 5. Purushottam Kumar, S/o Gajanand Shaw, R/o Village- Mehra, PO & PS- Chirkunda, District- Dhanbad. .. ... ...Opp. Party(s) ........... CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner(s) : Mrs. Sweety Topno, Advocate Mr. Amrit Raj Kisku, Advocate For the O. P(s). : Mr. Arun Kumar Pandey, Advocate For the State : Mr. Ashutosh Anand No.2, AC to GP.IV …... 05/ 08.08.2025. Heard, learned counsel for the parties. 1. The instant CMP has been filed for quashing the order dated 03.07.2024 (Annexure-5) passed by Civil Judge, Sr. Division-I, Dhanbad, in Execution Case No.41 of 2021 whereby and whereunder, the objection dated 28.04.2023 filed by the petitioner- NHAI has been rejected. 2. Indisputably, petitioner- NHAI acquired land under Khata No.73, Plot No.1250, measuring an area of 0.3111 Acres of land, Mauja- Medha in Nirsa Circle. The Arbitration Case No.53 of 2020 was initiated under Section 3-G(5) of the National Highways Act, 1956 by the Arbitrator. 3. The learned Arbitrator vide Award dated 19.01.2021 held that the petitioner/ Opp. Party had not led any evidence in support of their pleadings and the claimant(s) had also not led evidence with regard to valuation of land as detailed in Schedule -1 to 7. It was also held that the Land Acquisition Officer had not followed the relevant principles while awarding compensation. On the basis of this finding, the case was allowed with a direction to the Land Acquisition Officer and the petitioner- NHAI, to recalculate the compensation after a proper enquiry with respect to the land, as detailed in Schedule 3 to 7 and payment be made accordingly. 2025:JHHC:22978 2 4. The Award was not challenged by either of the sides and accordingly, it attained finality. 5. Execution Case No.41 of 2021 was initiated at the instance of the claimants/ awardees for execution of the Award passed in Arbitration Case No.53 of 2020. The learned Executing Court held that the Arbitrator had accepted the case of the claimants on the basis of documents as Schedule 3 to 7 and passed the order of compensation, against which, the instant CMP has been filed. 6. The main grievance of the petitioner- NHAI is that without the calculation of the compensation amount in the light of the Award passed by the District Land Acquisition Officer and the competent authority of NHAI, the Executing Court has itself calculated the amount which was impermissible in view of the Award. 7. Learned counsel for the claimants/ Opp. Party(s) while opposing the prayer submits that the Award had already attained finality as no appeal was preferred against it. After the said Award, they had submitted the relevant documents before the competent authority as per the order passed in the Award, but still no calculation was made and the amount of the Award was not disbursed. Under the circumstances, the claimants were constrained to move the Executing Court for execution of the Award. 8. Having considered the submissions advanced on behalf of both the sides and perusing the materials on record, this Court finds that the Award attained its finality with the passing of the order in Arbitration Case No.53 of 2020. In the said Award, there was a specific direction to the District Land Acquisition Officer and the competent authority of the NHAI to recalculate the Award in the light of the observations made therein. However, neither Land Acquisition Officer nor the authority of NHAI calculated the said amount. 9. Under the circumstances, Opp. Party No.2 is directed to calculate the amount of compensation as per the order passed in the Land Acquisition Case within two months from today and thereafter the same be disbursed to the claimants within one month. The instant CMP stands disposed of. Pending I.A., if any, also stands disposed of. Sandeep/- (Gautam Kumar Choudhary, J.)