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2025 DAILYLAW 3794 (JHR)

NEELAM DEVI v. THE STATE OF JHARKHAND

WPC/1217/2025 · 2025-06-11

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:15095 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1217 of 2025 ----- Neelam Devi, widow of Late Sanjay Kumar Gupta, R/o House No. 63, Village-Bharno, P.O. & P.S.-Bharno, Dist.-Gumla … …. Petitioner Versus 1. The State of Jharkhand 2. Deputy Commissioner, Gumla, P.O. & P.S.-Gumla, Dist.-Gumla 3. Additional Collector, Gumla, P.O. & P.S.-Gumla, Dist.-Gumla 4. District Land Acquisition Officer-Cum-Land Reforms Deputy Collector, Gumla, P.O. & P.S.-Gumla, Dist.-Gumla 5. Circle Officer, Bharno P.O. & P.S.-Bharno, Dist.-Gumla 6. Project Director, National Highways Authority of India, Gumla, P.O. & P.S.-Gumla, Dist.-Gumla … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. A.K. Sahani, Advocate, Mr. Abhijit Kumar, Advocate For the State : Mrs. Sweta Shukla, AC to AAG-II For NHAI : Mrs. Sweety Topno, Advocate Mr. Amrit Raj Kisku, Advocate ----- Oral Order 04 / Dated : 11.06.2025 1. The instant writ petition has been filed under Article 226 of the Constitution of India for direction upon the respondents, particularly respondent no. 4 to determine fair compensation for the acquisition of land and portion of building, appertaining to three decimals of land appertaining to RS Plot No. 4989 under RS Khata No. 336 in Mouza Bharno. 2. As per the case of the Petitioner, the land stated above was acquired in terms of the provision contained under Section 3G (7) of the National Highways Act, 1956 read with Sections 26,28,29 and 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Pursuant to the acquisition of land, an award was made for a sum of Rs. 21,04,436/-. 3. The petitioner moved a representation before the Deputy Commissioner, Gumla vide letter dated 08.10.2024 (Annexure-4) for enhancement of the compensation amount and also for the compensation with respect to 2025:JHHC:15095 2 the affected part of the building which was demolished in construction of the road. 4. It is submitted by learned counsel that the said representation has not been disposed of by the Deputy Commissioner, Gumla. 5. Under the circumstance, the Deputy Commissioner, Gumla (Respondent no. 2) is directed to dispose of the representation filed by the petitioner, as per law, within a period of four weeks from the date of receipt/production of a copy of this order. Let a copy of this order be communicated to the Deputy Commissioner, Gumla forthwith. With the aforesaid direction, this Writ Petition stands disposed of. I.A., if any, also stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra