Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.214 of 2025 ----- Bijay Saw, S/o Naro Saw, R/o Village-Chhotki Barhi Rasoiya Dhamna, P.O. & P.S.-Barhi, District-Hazaribagh.
.......... Petitioner. -Versus-
1. The State of Jharkhand.
2. Deputy Commissioner, Hazaribag.
3. District Land Acquisition Officer-cum-Competent Officer, Hazaribag.
4. Project Director, P.I.U., N.H.A.I., Hazaribagh.
.......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Avilash Kumar, Advocate For the State : Mr. Sahbaj Akhtar, AC to AAG-III For the N.H.A.I. : None -----
Order No.02
Date: 22.01.2025
1. The present writ petition has been filed for issuance of direction upon the concerned respondents to pay compensation to the petitioner for utilizing his land appertaining to Khata No.300, Plot No.1067, Thana No.71, Mouza-Barhi measuring an area of 10 decimals for widening of NH-2.
2.
Learned counsel for the petitioner submits that the petitioner has the raiyati right over the land in question measuring total area of 18 decimals. He has already been paid compensation for acquisition of 8 decimals of land for widening of NH-2 (four lane), however, the respondents have later on utilized rest 10 decimals land of the aforesaid plot and khata for the purpose of widening of the said road (six lane) without lawfully acquiring the same. Though the petitioner has represented the concerned authorities including the respondent no.3 in this regard as would be evident from
Annexures-2 & 3 to the supplementary affidavit dated 18th December, 2024, however the same have not yet been responded which has compelled the petitioner to prefer the present writ petition.
3. Mr. Sahbaj Akhtar, learned A.C. to A.A.G.-III, appearing on behalf of the respondent nos.1 to 3 submits that if the petitioner prefers a fresh representation on the present issue before the respondent no.3, an appropriate decision in accordance with law will be taken by the said respondent within a time frame.
4. Having heard learned counsel for the parties and considering the nature of the prayer made in the writ petition, without entering into merit of the case, the petitioner is given liberty to prefer a fresh representation in this regard along with relevant documents before the respondent no.3-District Land Acquisition Officer-cum-Competent Officer, Hazaribag. On receipt of the said representation, the respondent no.3 after verifying the relevant records and on providing due opportunity of hearing to the petitioner/his representative, shall take an appropriate informed decision in accordance with law within four weeks from the date of filing of the representation.
5. The writ petition is, accordingly, disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Vikas/
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W.P. (C) No.214 of 2025