OM PRAKASH PATHAK v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY
WPC/183/2025 · 2025-01-22
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 30711 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30711 (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. 183 of 2025
1. Om Prakash Pathak
2. Uma Shankar Pathak
3. Anand Kumar Pathak
….. Petitioners
Versus
1. The State of Jharkhand, through its Chief Secretary, Ranchi
2. The Principal Secretary, Department of Revenue, Registration & Land Reforms, Government of Jharkhand, Ranchi
3. The Deputy Commissioner, Bokaro
4. The District Land Acquisition Officer, Bokaro
5. The Circle Officer, Petarwar, Bokaro
6. The National Highway Authority of India, through its Project Officer, Ranchi
….. Respondents
-----
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioners: Mr. Chanchal Jain For the State:
Ms. Surabhi, A.C to A.A.G-II For the NHAI:
Ms. Sweety Topno
-----
02/22.01.2025 The present writ petition has been filed for issuance of direction upon the respondent No.4 to pay compensation of Rs.4,14,786/- along with statutory interest to the petitioners for acquisition of their land appertaining to Khata No. 10, Plot No. 28/1, Village-Lukaiya, P.S-Petarwar, District-Bokaro, measuring an area of 0.0544 Acre at the instance of the respondent-NHAI for construction of Bharat Mala Highway Project. 2. Learned counsel for the petitioners submits that Land Acquisition Case No. 31-14/2020-21 was initiated for acquisition of the said land and the respondent No.4 issued notice dated 18.07.2022 to the petitioners under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 [hereinafter referred to as ‘the Act, 2013’] asking them to produce the required documents. Pursuant to the said notice, the petitioners submitted all the required documents before the respondent No.4. Though the respondent authorities have taken possession of the said land, however, no step has been taken to pay the aforesaid amount of
compensation to the petitioners, which has compelled them to prefer the present writ petition. 3. Ms. Sweety Topno, learned counsel appearing on behalf of the respondent-NHAI, submits that though the notice dated 18.07.2022 is said to have been issued under Section 37(2) of the Act, 2013, however, the acquisition of the land in question has been done under the provisions of the National Highways Act, 1956. 4. Ms. Surabhi, learned A.C to A.A.G-II appearing on behalf of the respondent-State, submits that if the petitioners prefer a fresh representation in this regard before the competent authority i.e. the respondent No.4, an appropriate decision in accordance with law will be taken within a time frame. 5.
Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer a fresh representation along with the required documents in response to the notice dated 18.07.2022 before the respondent No.4. On receipt of the said representation, the respondent No.4, after verifying the relevant records and on providing an opportunity of hearing to the petitioners/their representatives, shall take an appropriate informed decision in accordance with law within four weeks from the date of filing of the said representation. 6. The present writ petition is accordingly disposed of with the aforesaid liberty and direction. Satish/-
(RAJESH SHANKAR, J)