Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 09 of 2025
1. Sitaram Sahu
2. Dewki Devi
….. Petitioners
Versus
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Ranchi
3. The Deputy Commissioner, Ranchi
4. The District Land Acquisition Officer, Ranchi
5. The Regional Officer, National Highway Authority of India, Ranchi
….. Respondents
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CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioners: Mr. Upendra Nath Mahto For the State:
Mr. Devesh Krishna, S.C (Mines)-III For the NHAI:
Ms. Sweety Topno
-----
05/25.02.2025 The present writ petition has been filed for issuance of direction upon the respondent No.4 to refer the objection raised by the petitioners against the quantum of compensation fixed in L.A. Case No. 226/2017-18 initiated under the provisions of the National Highways Act, 1956 [hereinafter referred to as ‘the Act, 1956’] for acquisition of the land appertaining to Khata No. 25, Plot No. 41, Village-Chachgura, Thana No. 95, P.S-Itki, District-Ranchi, measuring an area of 33 Decimals.
2. Learned counsel for the petitioners submits that though the award was prepared in the name of the father of the petitioner No.1-Late Fuleshwar Sahu in connection with L.A. Case No. 226/2017-18, however, the quantum of compensation fixed by the respondent No.4 is insufficient. Aggrieved with the said situation, though the petitioners have filed an application before the concerned authority to refer the matter to the Arbitrator-cum-Additional Collector, Ranchi under Section 3G(5) of the Act, 1956, however, no action has been taken on the same, which has compelled them to prefer the present writ petition.
3. Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer a fresh application before the respondent No.4 for referring the matter to the Arbitrator-cum- Additional Collector, Ranchi under the provisions of the Act, 1956 for determination of the quantum of compensation. On receipt of the said application, the respondent No.4, shall take appropriate steps in accordance with law in this regard within four weeks from the date of filing of the said application.
4. The present writ petition is accordingly disposed of with the aforesaid liberty and direction.
Satish/-
(RAJESH SHANKAR, J)