Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 25660 (JHR)

BUDHU MUNDA v. STATE OF JHARKHAND

WPC/5712/2024 · 2025-01-27

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5712 of 2024 Budhu Munda, S/o Bhana Munda, R/o Village & PO-Digwar, PS- Mandu, District-Ramgarh … … Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Ramgarh 3. The Union of India through the Secretary, Ministry of Road Transport and Highways, New Delhi 4. The District Land Acquisition Officer-cum-Competent Authority under National Highway Act, 1956, Ramgarh 5. The Project Director, National Highway, NHAI Complex, Kandra, PO & PS-Govindpur, District-Dhanbad 6. In Charge, National Highways Authority of India, Project Implementation Unit, Hazaribagh … … Respondents 7. Bishu Munda, S/o Late Bhana Munda, R/o Village & PO-Digwar, PS-Mandu, District-Ramgarh … … Proforma Respondent CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Saibal Mitra, Advocate Mr. Jageshwar Mahto, Advocate For the Respondent-State : Mrs. Rukmini Kumari, AC to SC (Mines)-III For the Respondent-NHAI : Mrs. Sweety Topno, Advocate Mr. Amrit Raj Kisku, Advocate ----- 10/27.01.2025 The present writ petition has been filed for issuance of direction upon the concerned respondents to pay compensation to the petitioner and the respondent no. 7 (the proforma respondent) for the land appertaining to Plot No. 127 measuring an area of 0.6012 acre, Plot No. 3109 measuring an area of 0.1075 acre, Plot No. 3108 measuring an area of 0.3133 acre, Plot No. 3112 measuring an area of 0.3694 and Plot No. 3116 measuring an area of 0.1273 acre, all under Khata No. 53 under Mouza-Digwar, Thana No. 152, PS-Mandu, District-Ramgarh, which have been acquired under the provisions of the National Highway Act, 1956 and Award Nos. 1, 38, 37, 43 & 42 have been prepared in Land Acquisition Case No. 08/2022-23 in the name of great grandfather of the petitioner. Further prayer has been made for issuance of direction 2 W.P.(C). No. 5712 of 2024 upon the concerned respondents to show cause as to under what authority they, in violation of the provisions of Section 3(H)(1) of the National Highway Act, 1956, have taken possession of the land of the petitioner without paying compensation to them for the same. The petitioner has also prayed for issuance of direction upon the concerned respondent to refer the matter of Award Nos. 1, 38, 37, 43 & 42 passed in Land Acquisition Case No. 08/2022-23 before the learned Principal Civil Court as per the provisions of Section 3(H)(4) of the National Highway Act, 1956 for determination of the disputes. 2. Having heard learned counsel for the parties and considering the nature of prayer made by the petitioner in the present writ petition, the petitioner and the respondent no. 7 (the proforma respondent) are given liberty to prefer a fresh application in this regard before the respondent no. 4 – the District Land Acquisition Officer-cum-Competent Authority under National Highway Act, 1956, Ramgarh. On receipt of the said application, the respondent no. 4, after verifying the relevant records and on providing due opportunity of hearing to the petitioner and the respondent no. 7 (the proforma respondent), shall take appropriate decision in accordance with law within six weeks from the date of filing of the application. 3. The writ petition is accordingly disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Manish