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2025 DAILYLAW 36005 (JHR)

BADRI NARAYAN MAHTO v. THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY

WPC/6064/2025 · 2025-11-24

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:34961 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6064 of 2025 .... Badri Narayan Mahto, aged about 47 years, son of Shyam Sundar Mahto, resident of Village-Baredih, P.O.-Bandh-dih, P.S.-Jaridih, District-Bokaro .… Petitioner Versus 1. The State of Jharkhand through its Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. & P.S.-Dhurwa, District-Ranchi 2. Additional Collector, Bokaro, P.O. & PS.-B.S. City, District-Bokaro 3. District Land Acquisition Officer, Bokaro, P.O. & P.S. B.S. City, District-Bokaro .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. A.K.Sahani, Adv. : Mr. Ajit Kumar, Adv. For the State : Mr. Ravi Prakash Mishra, AC to AAG-II .... 02/24.11.2025 1. The present writ petition has been filed for the following relief:- “For grant of a Writ in the nature of Mandamus or any other appropriate writ/ order commanding upon the respondent No:3 either to consider his objection raised by him against the quantum of compensation amount in respect of Award No:10 arising out of L.A. Case No:31-03/2020-21 and to re- determine the same in terms of the provisions of Sections-26, 28, 29 and 30 of the 'Right To Fair Compensation And Transparency In Land Acquisition, Re-habilitation and Re-settlement Act, 2013 (hereinafter referred to as "the Act, 2013" for het sake of brevity) and to pay the balance amount of compensation with interest and within a specified period.” 2. The description of land is as follows:- “An area of 25 decimals being portion of Plot No.1615 under Khata No.43 of Mouza-Baradih.” 3. It appears that the land in question has been acquired for the purpose of NHAI and the applicant is aggrieved with the quantum of compensation. 4. As per the counter affidavit dated 30.10.2025, the Additional Collector of the concerned district has been declared as Arbitrator and he has an option to move before the Arbitrator, who is the District Land Acquisition Officer. 5. Section 3G(5) of the National Highways Act, 1956 reads as under “3G(5)- If the amount determined by the competent authority under sub- section (1) or sub-section (2) is not acceptable to either of the parties, the 2025:JHHC:34961 2 W.P.(C) No.6064 of 2025 amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.” 6. Thus, although the applicant has made an objection but it is not up to mark. 7. In that view of the matter, the present writ petition stands disposed of giving liberty to the petitioner to file a fresh application under Section 3G(5) of the National Highways Act, 1956 before the Arbitrator, who is supposed to perform his duty as assigned by the law. 8. With above observation and direction, the present writ petition stands disposed of. (Rajesh Kumar, J.) 24.11.2025 Shahid/ Uploaded on 25.11.2025