SOBRA SITARA v. THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY
WPC/6370/2018 · 2025-03-25
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 28797 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28797 (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. 6370 of 2018
1(a). Sobra Sitara 1(b). Md. Aftab Alam 1(c). Md. Zafar Imam
….. Petitioners
Versus
1. The State of Jharkhand, through its Chief Secretary, Ranchi
2. The Deputy Commissioner, Giridih
3. The Additional Collector-cum-Arbitrator under the National Highways Act, 1956, Giridih
4. The District Land Acquisition Officer, Giridih
5. The Project Director, National Highways Authority of India, Kandra, Dhanbad
….. Respondents
-----
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioners: Mr. A. K. Sahani For the State:
Ms. Surabhi, A.C to A.A.G-II For the NHAI:
Ms. Sweety Topno
-----
11/25.03.2025 The present writ petition has been filed for issuance of direction upon the concerned respondents to pay appropriate compensation to the petitioners keeping in view the provisions of Section 3G(7) of the National Highways Act, 1956 [hereinafter referred to as ‘the Act, 1956’] with respect to the land appertaining to Khata No. 5, Plot No. 795, Village-Dorio , P.S-Bogodar, District- Giridih, measuring an area of 12 Decimals as well as to extend the other benefits admissible to them under the provisions of the Act, 1956. 2. Ms. Surabhi, learned A.C to A.A.G-II appearing on behalf of the respondent-State, refers to paragraph 5 of the counter affidavit dated 24.03.2025 filed on behalf of the respondent Nos. 2 to 4, which reads as under:
‘’5. That the issue formulated under Para 4 to 10 of the writ petition it is humbly stated and submitted that being dissatisfied with the award prepared by the District Land Acquisition Officer, Giridih, the husband of the petitioner (since deceased) filed an application before the Additional Collector, Giidih-cum-Arbitrator under N. H. Act, 1956 for enhancement of the award amount bearing Award Nos. 46 and 57 and accordingly a case was instituted being Case No. 35/2015-16. The case was heard at
length and a final order was passed on 12.03.2025 in which the compensation for the acquired land measuring an area of 0.0975 Acre under Plot No. 795/1, Khata No. 05, Mouza-Dorio, Award No. 46 has been enhanced by directing the District Land Acquisition Officer, Giridih to calculate and pay the compensation amount on residential basis in place of agricultural basis as there was construction and compensation of structure has been calculated and added in the previous award prepared by office of the District Land Acquisition Officer, Giridih.
Further, another 0.0200 Acre land was acquired under Plot No. 795/12, Khata No. 05, Mouza-Doria, Award No. 57 on which no construction was found on spot verification and therefore the Award No. 57 for this piece of land prepared by the District Land Acquisition Officer, Giridih is kept unchanged. Hence, it is clear from the above mentioned facts that the grievance of the petitioner has been redressed.’’
3. Having heard learned counsel for the parties and considering that the respondent No.3 has already passed an order/award dated 12.03.2025 in Case No. 35/2015-16 with respect to the land in question, there is no need to further proceed with the present matter. 4. The present writ petition is accordingly disposed of. 5. The respondent No.4 shall take prompt steps in terms with the order/award dated 12.03.2025 passed by the respondent No.3. Satish/-
(RAJESH SHANKAR, J)