2025:JHHC:27539 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.889 of 2024 ---- 1. Panu Manjhi, aged about 61 years 2. Chhotu Ram Manjhi, aged about 51 years 3. Hemlal Manjhi, aged about 56 years All sons of Lakhi Ram Manjhi, Resident of Village-Banghdih, P.O Banghdih, P.S Jaridih, District-Bokaro …. …. Petitioners -Versus- 1. The State of Jharkhand 2. National Highways Authority of India through executive engineer, N.H Division, Bokaro, P.O., P.S & District-Bokaro 3. The Deputy Commissioner, Boakro, P.O + P.S-Bokaro, District-Bokaro 4. The Land Acquisition Officer, Bokaro, P.O + P.S-Bokaro, District-Bokaro …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioners : Mr. Pankaj Srivastava, Advocate For the Resp.-State : Mr. Ashish Kumar, AC to SC Mines (III) For the Resp-NHAI : Mrs. Sweety Toppo, Adv. : Mr. Amit Raj Kisku, ADv. ---- 06/Dated: 10th September, 2025 1. Heard the parties. 2. The present writ petition has been filed for the following reliefs:- “(i) For quashing of order dated 05.12.2023 passed by respondent No.3 (Annexure-6) in compliance of order dated 26.11.2018 passed in W.P.(C) No.7372 of 2016. (ii) For direction upon the respondents to pay due compensation to the petitioners in lieu of their land which has been acquired for constructing and widening of N.H No.32 from Ramgarh to Dhanbad.” 3. The description of land is as follows:- “Land appertaining to Khata No.1/562 comprised within plot No.750 having an area of 3.74 acres situated at village- Bandhdih, P.O Bandhdih, P.S Jaridih, District-Bokaro.” 4. It is admitted position that the land in question has been acquired for widening of the road. The State has treated this land as a forest land i.e., Gair 2025:JHHC:27539 2 WPC No.889 of 2024 Majaurwa, Jangal Jhari and accordingly, compensation has been paid to the Forest Department. 5. The writ petitioners being aggrieved have approached this Court and this Court has passed order, vide order dated 26.11.2018, in W.P.(C) No.7372 of 2016. The operative portion of the said order reads as under:- “Having heard the learned counsel for the parties and considering the relevant materials brought on record, it appears that the petitioner has claimed his raiyati right over the said land which has been transferred by the State of Jharkhand to the NHAI for the purpose of expansion of NH- 32. The petitioner has also brought on record a copy of ‘Hukumnama’ as well as the rent receipt dated 12.12.1943 issued on behalf of the ex-landlord as well as the rent receipts issued to the petitioner by the revenue authorities of the state government from 2004-05 to 2011-12. Thus, the stand of the respondents that the Gazette Notification dated 17.07.2013 issued under Section 3(A)(1) of the NH Act, 1956 shows the said land as ‘Gair Majurwa Jangal Jhari’ as per the last C.S. operation, cannot be said to be sufficient to substantiate their claim in treating the said land as the government land. Accordingly, the present matter is remanded to the respondent no. 3- the Deputy Commissioner, Bokaro to take an informed decision on the claim of the petitioner for payment of compensation in lieu of acquisition of the said land on the basis of available records, after providing due opportunity of hearing to the petitioner/his representative preferably within a period of four months from the date of receipt/production of a copy of this order. The writ petition is accordingly disposed of.” 6. In pursuance of that, a three Members Committee has been constituted, who have also suggested that the petitioners are in possession of the said land in a raiyati status for more than 30 years. Thus, there is an official record in favour of the petitioners. Section 3(H)(4) of the National Highways Act, 1956 is quoted hereinbelow:- “If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated.” 2025:JHHC:27539 3 WPC No.889 of 2024 7. To resolve such disputes, a special forum has already been constituted under the said Act. 8. In that view of the matter, the concerned authority is directed to refer the matter for adjudication under the above section within a period of three weeks from the date of receipt/production of a copy of this order. 9. With the above observation and direction, the present writ petition is hereby, disposed of. (Rajesh Kumar, J.) Raja/- Uploaded