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2025 DAILYLAW 32075 (JHR)

SAVITA CHAUBEY v. THE STATE OF JHARKHAND

WPC/7586/2023 · 2025-04-07

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:10586 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 7586 of 2023 Savita Chaubey, W/o Kuldeep Chaubey, R/o L-1132, Hindalco Colony Renukoot, Tehsil Duddhi, PO & PS-Renukoot, Sonbhadra, Uttar Pradesh … … Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Garhwa 3. The District Land Acquisition Officer, Garhwa 4. The Project Director, National Highway Authority of India, Ashok Nagar, Ranchi … … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Ranjit Kumar Tiwari, Adv. For the Respondent Nos.1 to 3 : Mr. Anish Kr Mishra, AC to Sr. SC-I For the Respondent No. 4 : Mrs. Sweety Topno, Advocate Mr. Amrit Raj Kisku, Advocate ----- 06/07.04.2025 The present writ petition has been filed for issuance of direction upon the respondent no. 3 to take decision with respect to payment of compensation to be paid to the petitioner under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the land appertaining to Plot No. 489, under Khata No. 96, Mouza-Jorma, measuring an area of 0.08170 acre out of 0.19 acre land, which has been acquired for widening of NH-75 (SEC-V) from Khajuri to Vidhamganj, whereby the respondent no. 3 has determined the compensation for the said land to the tune of Rs.3,16,309.72 without considering the circle rate. 2. Having heard learned counsel for the parties and considering that the petitioner seeks enhancement of compensation paid to him for acquisition of the land in question, this Court is of the view that he has efficacious remedy of taking recourse under Section 3-G(5) of the National Highways Act, 1956. 3. Under the said circumstance, the writ petition is 2025:JHHC:10586 2 disposed of giving liberty to the petitioner to prefer application in this regard before the respondent no. 3, who on receipt of the same, shall refer the matter to the Additional Collector, Garhwa- cum-Arbitrator, National Highways Act, 1956 within 30 days for determination of compensation under Section 3-G(5) of the Act, 1956. 4. The writ petition is disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Manish