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High Court of Jharkhand · body

2025 DAILYLAW 30808 (JHR)

MD. REZAUL HAQUE v. THE STATE OF JHARKHAND.

WPC/645/2025 · 2025-04-03

Rajesh Shankar

body2025

Judgment text

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2025:JHHC:10285 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.645 of 2025 ----- Md. Rezaul Haque, S/o Late Md. Manzoor Ali, R/o Village- Mansingha, P.O. & P.S.-Rajmahal, District-Sahibganj. .......... Petitioner. -Versus- 1. The State of Jharkhand. 2. The Deputy Commissioner, Sahibganj. 3. The District Land Acquisition Officer, Sahibganj-cum- Competent Authority, National Highway Act, Sahibganj. 4. The Executive Engineer Building Division, Sahibganj. 5. The National Highway Authority of India, Project Implementation Unit, Sahibganj through its representative/site engineer, Sahibganj. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Mr. Amitesh Kr. Geasen, AC to AAG-1A For the NHAI : Ms. Sweety Topno, Advocate ----- Order No.04 Date: 03.04.2025 1. The present writ petition has been filed for issuance of direction upon the concerned respondents to pay appropriate compensation to the petitioner for acquisition of his house situated at Plot No.1178, LHS 62, Jamabandi No.354, Mouza- Lakhipur, Block-Rajmahal with respect to an area of 3.9 sq. meters vide Land Acquisition Case No.68 of 2016-17 for widening of NH-80. 2. Learned counsel for the petitioner submits that the area of the said house is 18.2 sq. meters, however, the concerned officials taking wrong measurement of the said house submitted report only with respect to 14.3 sq. meters ignoring the balance 3.9 sq. meters. Though the petitioner has been paid compensation for the house taking note of the said measurement in the Land Acquisition Case No.68 of 2016-17, however, the petitioner is 2025:JHHC:10285 2 not satisfied with the said compensation. He being aggrieved therewith has represented the respondent no.3, however, the same has remained unresponded, which has compelled him to prefer the present writ petition. 3. Mr. Amitesh Kr. Geasen, learned A.C. to A.A.G.-1A appearing on behalf of the State-respondents and Ms. Sweety Topno, learned counsel appearing on behalf of the respondent no.5 jointly submit that the acquisition has been made under the provisions of National Highways Act, 1956 and the petitioner has been paid adequate compensation on the basis of measurement of the house in question submitted by the concerned officials. 4. Having heard learned counsel for the parties and considering that the petitioner is dissatisfied with the quantum of compensation paid to him taking a plea that the same is based on wrong measurement of the house in question, he is given liberty to prefer an application along with relevant documents in this regard before the respondent no.3. On receipt of the said application, the respondent no.3 shall refer the matter for determination of the quantum of compensation to the Additional Collector, Sahibganj-cum-Arbitrator under the National Highways Act, 1956 within 30 days from the date of filing of the application. 5. The writ petition is, accordingly, disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Vikas/