Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6431 of 2024
Shiv Charan Manjhi, S/o Late Nand Kishore Manjhi, R/o Village- Gopalpur, Sundro, PO-Chilgadda, PS-Jaridih, District-Bokaro
… … Petitioner Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Bokaro
3. The District Land Acquisition Officer-cum-Competent Authority, Bokaro
4. The Circle Officer, Jaridih, Bokaro
5. National Highways Authority of India, through its Director, Ashok Nagar, Ranchi
6. The Project Officer, National Highways Authority of India, Jaridih, District-Bokaro
… … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR -----
For the Petitioner
: Mr. Ajit Kumar, Advocate
Mr. Pankaj Verma, Advocate
Mr. Trishna Sagar, Advocate
For the Respondents
: Mr. Zaid Imam, AC to SC-VII -----
11/18.03.2025 The present writ petition has been filed for issuance of direction upon the respondents to initiate a recovery proceeding against the other heirs of the common ancestor of the petitioner as, according to him, they have no legal right to claim compensation in lieu of acquisition of the land appertaining to Plot Nos. 579, 613, 832, 856 and 866 under Khata No. 13 of Mouza-Sundro, District- Bokaro.
2.
Having heard learned counsel for the parties and considering that the petitioner is dissatisfied with the compensation paid to other heirs of the recorded tenant of the land in question, there seems to be a dispute with respect to apportionment of the compensation amount between the persons. Hence, the petitioner is given liberty to file an application invoking Section 3-H(4) of the National Highways Act, 1956 before the respondent
2
W.P.(C). No. 6431 of 2024 no. 3 – the District Land Acquisition Officer-cum-Competent Authority, Bokaro who, on receipt of the said application, shall refer the dispute to the principal civil court of original jurisdiction within whose limits the land in question is situated. The said exercise shall be completed by the respondent no. 3 within 30 days from the date of receipt of the said application.
3.
The writ petition is accordingly disposed of with aforesaid liberty and direction.
(Rajesh Shankar, J.) Manish