BABITA DEVI v. THE STATE OF JHARKHAND, THROUGH SECRETARY DEPARTMENT OF REVENUE AND LAND REFORM
WPC/352/2025 · 2025-03-05
Rajesh Shankar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28702 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28702 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.352 of 2025 -----
1. Babita Devi, W/o Sunil Kumar Singh
2. Guddi Devi, W/o Sashank Shekhar Singh Both are R/o At & P.O.-Jhargada, P.S.-Hussainabad, District-Palamau.
3. Ajit Singh, S/o Late Kelash Singh, R/o At-Sudna, P.O.- Sudna, P.S.-Daltonganj, District-Palamau.
4. Arti Devi, W/o Ashwini Kumar Singh, R/o At-Near Pipal Tree Sudna, P.O.-Sudna, P.S.-Daltonganj, District- Palamau.
5. Rajeev Ranjan Kumar Singh, S/o Shiv Kumar Singh, R/o At-Ranadih (Pachpokari), P.O.-Kosiyara, P.S.- Haidarnagar, District-Palamau.
.......... Petitioners. -Versus-
1. The State of Jharkhand through Secretary, Department of Revenue and Land Reforms, Ranchi.
2. The Deputy Commissioner, Palamau.
3. The District Land Acquisition Officer, Palamau.
4. The Circle Officer, Medininagar Sadar, Daltonganj, Palamau.
5. The Project Director, National Highway Authority of India, Palamau.
.......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Zaid Imam, AC to SC-VII For the NHAI : Mrs. Sweety Topno, Advocate
Mr. Amrit Raj Kisku, Advocate
-----
Order No.06
Date: 05.03.2025
1. The present writ petition has been filed for issuance of direction upon the concerned respondent to pay compensation to the petitioners for utilizing their land appertaining to Khata No.73, Plot No.42, Thana No.197, Village-Bariya measuring area of 0.10 ¾ decimal, 0.17 ½ decimal, 0.10 ¾ decimal & 11 ¼ decimal for widening of NH-75 (Sekshan-III Bhogu to Sankha in Village-Beriya, District-Palamau).
2.
Learned counsel for the petitioners submits that the petitioners have lawful right and title over the land in
question. Though the said land has been utilized by the respondents for widening of NH-75 under the provisions of National Highways Act, 1956, however, the compensation for the same has not been paid to them. Moreover, no order has been communicated to the petitioners denying compensation to them, however, they have been told that no compensation for the said land can be paid to them and the same is Gair Mazarua Aam/Gair Mazarua Khas/Qaisar-e-Hind.
3. Having heard learned counsel for the parties and considering the submission of learned counsel for the petitioners that the petitioners have not been communicated any order regarding denial of compensation for utilizing the land in question, they are given liberty to prefer a fresh application seeking compensation for the land in question before the competent authority i.e. the respondent no.3-District Land Acquisition Officer, Palamau. On receipt of the said application, the respondent no.3 after verifying the relevant records and on providing due opportunity of hearing to the petitioners/their representatives(s), shall take an appropriate informed decision in accordance with law within six weeks from the date of filing of the application.
4. The writ petition is, accordingly, disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Vikas/ -2- W.P. (C) No.352 of 2025