Extracted from the PDF above. The PDF is authoritative.
1 W.P.(C) No. 1232 of 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1232 of 2025
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1. Gopal Mahto
2. Hiralal Mahto
Both are sons of Late Raghu Mahto, residents of Village-
Barki Koiya, P.O.- Bariatu, P.S.- Gola, District- Ramgarh
… … Petitioners Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Ramgarh
3. The District Land Acquisition Officer, Ramgarh
4. The Project Director, National Highway Authority of India, Regional Office, Ranchi-129, Ranchi
5. Sikandar Mahto, son of Late Raghu Mahto, resident of Village- Barki Koiya, P.O.- Bariatu, P.S.- Gola, District- Ramgarh
…. … Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Nehru Mahto, Advocate
For the Resp. Nos. 1 to 3 : Mrs. Nirupama, A.C. to Sr.SC.-II
For the Resp. No. 4 : Mrs. Sweety Tonpo, Advocate
Mr. Amrit Raj Kisku, Advocate
Order No. 03
Dated: 27.03.2025
The present writ petition has been filed for issuance of direction upon the District Land Acquisition Officer, Ramgarh (the respondent no. 3) to pay 2/3rd of the compensation amount to the petitioners in relation to the award prepared in connection with Land Acquisition Case No. 08 of 2021-22 for acquisition of the structure made over plot no. 264 under Khata No. 42, Village- Kamti, Thana No. 29, P.S.- Gola, District- Ramgarh for the purpose of widening of NH-320-B under the
“Bharatmala Pariyojna” as, according to the petitioners, the respondent no. 3 has paid the entire compensation amount to the respondent no. 5- Sikandar Mahto ignoring the fact that the award was prepared in the joint name of both the petitioners
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and the respondent no. 5 as all of them are own brothers.
2.
Learned counsel for the petitioners in course of argument, invites attention of this Court to the notice as contained memo no. 43 dated 09.01.2024 issued by the respondent no. 3 to the respondent no. 5 and submits that on the petitioners’ request, though the aforesaid notice was issued to the respondent no. 5, however the respondent no. 3, thereafter, did not take any effective step so as to ensure the payment of proportionate amount of the award to the petitioners.
3. Mrs. Nirupama, learned A.C. to Sr.S.C.-II appearing on behalf of the respondent nos. 1 to 3, submits that since the respondent no. 3 has already taken note of the petitioners’ request as would be evident from the aforesaid notice dated 09.01.2024, further effective steps in accordance with law will be taken by the said respondent in this regard.
4. Having heard learned counsel for the parties and considering the grievance of the petitioners that they despite being the co-awardees for acquisition of the structure made over the land in question, the awarded amount has only been paid to their brother i.e., the respondent no. 5, and that on the petitioners’ request, a notice as contained in memo no. 43 dated 09.01.2024 has already been issued by the respondent no. 3 to the respondent no. 5, which is still pending, the respondent no. 3 is directed to expedite the said matter and to take lawful steps with respect to the petitioners’ claim for
3 W.P.(C) No. 1232 of 2025
payment of proportionate awarded amount after providing due opportunity of hearing to the them as well as the respondent no. 5. The said exercise shall be completed by the respondent no. 3 within six weeks from the date of receipt/production of a copy of this order.
5. The writ petition is accordingly disposed of with the aforesaid direction.
Ritesh/
(Rajesh Shankar, J.)