ABHINAV KISHORE v. THE STATE OF JHARKHAND THRO THE CHIEF SECRETARY LAND REFORMS AND REVENUE DEPARTMENT
WPC/7387/2023 · 2025-03-26
Rajesh Shankar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 32010 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 32010 (JHR) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 7387 of 2023
Abhinav Kishore, S/o Late Kamal Kishore, R/o Village-Marwaniya, PO-Marwaniya, PS-Ramna, District-Garhwa … Petitioner Versus
1. The State of Jharkhand through the Chief Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi
2. The Principal Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi
3. The Additional Collector, Garhwa-cum-Arbitrator, NHAI, Garhwa
4. The Land Reforms Deputy Collector, Garhwa
5. The District Land Acquisition Officer, Garhwa
6. The Circle Officer, Ramna, Garhwa
7. The Regional Officer, NHAI, having its office at C-129, Vidyalaya Marg, Ashok Nagar, Road No. 2, Ranchi
8. The Project Director, NHAI, Garhwa, ... … Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR -----
For the Petitioner
: Mr. Krishna Prajapati, Advocate
For the Respondent Nos.1 to 6 : Mr. Mihir Kunal Ekka, AC to SC-I
For the Respondent Nos.7 & 8 : Mrs. Sweety Topno, Advocate
Mr. Amrit Raj Kisku, Advocate -----
07/26.03.2025 The present writ petition has been filed for issuance of direction upon the respondent No. 3 – the Additional Collector, Garhwa-cum-Arbitrator, NHAI to enhance the amount of compensation from Rs.12,638/- to Rs.3,00,000/- per decimal in favour of the petitioner with penal interest from the date of acquisition of the lands appertaining to Mouza-Mandohar, Thana No. 91 under Khata No. 4, Plot No. 60 measuring an area of 0.06070 acre, Khata No. 4, Plot No. 62 measuring an area of 0.29772 acre, Khata No. 84, Plot No. 74 measuring an area of 0.07270 acre, Khata No. 4, Plot No. 75 measuring an area of 1.12776 acres and Mouza-Marwaniya, Thana No. 91 under Khata No. 128, Plot No. 63 measuring an area of 0.00470 acre, Khata No. 15, Plot No. 83 measuring an area of 0.01310 acre, Khata No. 2,
2
W.P.(C) No. 7387 of 2023 Plot No. 84 measuring an area of 0.02680 acre, Khata No. 34, Plot No. 85 measuring an area of 0.01129 acre, Khata No. 2, Plot No. 86 measuring an area of 0.55000 acre, Khata No. 13, Plot No. 87 measuring an area of 0.24690 acre, Khata No. 15, Plot No. 88 measuring an area of 0.26700 acre, Khata No. 2, Plot No. 89 measuring an area of 0.26470 acre, Khata No. 128, Plot No. 92 measuring an area of 0.26560 acre, Khata No. 128, Plot No. 259 measuring an area of 0.03420 acre, Khata No. 128, Plot No. 267 measuring an area of 0.04550 acre, Khata No. 128, Plot No. 269 measuring an area of 0.08320 acre, Khata No. 128, Plot No. 270 measuring an area of 0.13600 acre, Khata No. 128, Plot No. 271 measuring an area of 0.65650 acre, Khata No. 2, Plot No. 272 measuring an area of 0.71400 acre, Khata No. 128, Plot No. 578 measuring an area of 0.04660 acre and Khata No. 128, Plot No. 579 measuring an area of 0.12210 acre, as the aforesaid lands have been acquired by the respondent authorities for widening of NH-75.
Further prayer has been made for issuance of direction upon the respondent No. 3 to pass fresh order and prepare a new Award after collecting evidence in accordance with law. 2. Having heard learned counsel for the parties and considering that the petitioner has challenged the order/award passed by the respondent No. 3, this Court is of the view that the petitioner has an alternative/efficacious/statutory remedy of preferring appeal under Section 34 of the Arbitration and Conciliation Act, 1996 against the said order/award. Hence, the present writ petition is not maintainable at this stage. 3
W.P.(C) No. 7387 of 2023
3. The petitioner is, however, at liberty to take alternative/efficacious/statutory recourse against the said
order/award passed by the respondent No. 3 under Section 34 of the Act, 1996.
4.
The writ petition is accordingly dismissed as not maintainable with aforesaid liberty. Manish
(Rajesh Shankar, J.)