Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6891 of 2023 ----- Champa Devi, aged about 67 years, wife of Mukund Saw, resident of Village Pipra, P.O. Singhrawan, P.S. Chouparan, District Hazaribagh (Jharkhand) .......... Petitioner. -Versus-
1. The State of Jharkhand
2. Deputy Commissioner, Hazaribag, P.O. and P.S. Hazaribag, District-Hazaribag.
3. District Land Acquisition Officer-cum-Competent Officer, NH-02 Hazaribag, P.O. and P.S.-Hazaribag, District Hazaribag.
4. Project Director, P.I.U., N.H.A.I., Hazaribagh, P.O., P.S. and District Hazaribagh.
.......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Sahil, Advocate
Mr. Shubham, Advocate For the Res. Nos.1 to3: Mr. Amrit Raj Kisku, A.C. to G.A. V For the Res. No.4 : Mr. Shubham Kataruka, Advocate -----
Order No.05
Date: 23.01.2025
1. The present writ petition has been filed for issuance of direction upon the respondent No.3 to pay compensation to the petitioner with respect to the portion of her house which has also been acquired for widening of NH-02 as well as to reassess the compensation already paid to her in lieu of acquisition of her land vide Land Acquisition Case No. 22/2012- 13 (Award No. 167) at the prevalent market rate with statutory interest till actual payment of the same.
2.
Learned counsel for the petitioner submits that the petitioner has been paid the compensation amount of Rs.28,16,323/- in terms with Award No. 167, arising out of Land Acquisition Case No. 22/2012-13, however, the same is not appropriate as it was computed at the old rate and not on the prevalent market rate. It is further submitted that she has also not been paid the
2 W.P.(C) No.6891 of 2023 compensation with respect to acquisition of portion of her house. The petitioner raised the said objections before the respondent No.3, however, no action was taken, which has compelled her to prefer the present writ petition.
3. Mr. Amrit Raj Kisku, learned A.C to G.A. V appearing on behalf of the respondent-State as well as Mr. Shubham Kataruka,
learned counsel for the respondent-NHAI, jointly submit that the petitioner has got statutory/efficacious remedy under Section 3G(5) of the National Highways Act, 1956 (hereinafter referred to as ‘the Act, 1956’) for redressal of her grievance.
4. Having heard learned counsel for the parties and considering that the petitioner has got statutory/efficacious remedy under Section 3G(5) of the Act, 1956 for ventilating her grievance, without entering into the merit of the case, she is given liberty to prefer an application raising objection with regard to insufficient payment of compensation made to her for the land and non-payment of compensation for a portion of her house in connection with Land Acquisition Case No. 22/2012-13 before the respondent No.3. On receipt of the said application, the respondent No.3 shall refer the matter to the Additional Collector, Hazaribagh-cum-Arbitrator under the provisions of Section 3G(5) of the Act, 1956 within 30 days from the date of receipt of the said application.
5. The present writ petition is accordingly disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Rohit/