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2025 DAILYLAW 28699 (JHR)

JITENDRA NATH PANDEY v. THE STATE OF JHARKHAND

WPC/6371/2023 · 2025-02-13

Deepak Roshan

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 6371 of 2023 --------- 1. Jitendra Nath Pandey, aged about 73 years, Son of Late Balaram pandey, 2. Vimla Devi, aged about 62 years, W/o-late Devendra Nath Pandey, 3. Girija Pandey, Aged about-63 years, S/o Late Balaram Pandey, All resident of village & Post-Cittvishram, P.S. Nagar Untari, District-Garhwa, Jharkhand. ..... Petitioners Versus 1. The State of Jharkhand. 2. The Secretary Land Revenue Department, Government of Jharkhand, resident at Project Building, Dhurwa, P.O & P.S. Dhurwa, District-Ranchi. 3. The Deputy Commissioner, Garhwa, resident of Collectrate Building, P.O & P.S-Garhwa, District Garhwa, Jharkhand. 4. The Additional Collector Cum Arbitrator (NHAI), Garhwa, resident of Collectrate Building, P.O & P.S- Garhwa, District- Garhwa, Jharkhand 5. The Land Acquisition officer, Garhwa, resident of Collectrate Building, P.O & P.S- Garhwa, District Garhwa, Jharkhand. 6. The Project Director National Highway Authority of India at Garhwa, resident of P.O & P.S- Garhwa, District- Garhwa, Jharkhand. ..... Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Pravin Kumar Pandey, Adv. For the Resp.-State : Mr. M.K.Roy, G.A.-I Mr. Abhinay Kumar, A.C. to G.A.-I For the NHAI : Mrs. Sweety Topno, Adv Mr. Amrit Raj Kisku, Adv --------- 9/13.02.2025 Prayer in this petition has been made for payment of higher amount of compensation. 2. Learned counsel for the respondent-State as well as NHAI submit that compensation is already decided in favour of the petitioner however, the petitioner is aggrieved with quantum of compensation and as such the petitioner is having alternative remedy under section 34 of the Arbitration and Conciliation Act, 1996 in light of the provisions made in section 3-G(6) of National Highways Act, 1956. 3. In view of above, this petition is disposed of with liberty to petitioner to avail alternative remedy in light of the above provisions. (Deepak Roshan, J.) Amardeep/-