2025:JHHC:28342 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.951 of 2022 .... 1. Narendra Kumar Singh, son of Late Banarsi Singh, aged about 75 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad 2. Chandra Bhusan Singh, son of Late Banarasi Singh, aged about 68 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad 3. Satyendra Kumar Singh, son of Late Banarasi Singh, aged about 66 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad 4. Upendra Narayan Singh, son of Late Ram Prasad Singh, aged about 65 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad 5. Jitendra Kumar Singh, son of Late Ram Prasad Singh, aged about 63 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad 6. Harendra Kumar Singh, son of Late Ram Prasad Singh, aged about 59 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad 7. Shiv Kumar, son of Late Kalyan Prasad Singh, aged about 44 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad 8. Munna Singh, son of Late Rajendra Kumar Singh, aged about 46 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad 9. Rakesh Kumar Singh, son of Late Rajendra Kumar Singh, aged about 47 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad 10. Ravi Kant Singh, son of Late Rajendra Kumar Singh, aged about 43 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad 11. Shashi Kant Singh, son of Late Rajendra Kumar Singh, aged about 39 years, resident of Mugma Basti, Belchari, P.O. & P.S. Nirsa, District Dhanbad .… Petitioners Versus 1. State of Jharkhand, Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Project Bhawan, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi 2. Deputy Commissioner, Ranchi, P.O., P.S. & District Dhanbad 3. District Land Acquisition Officer, Dhanbad, P.O., P.S. & District Dhanbad 4. Circle Officer, Nirsa, P.O. & P.S. Nirsa, District Dhanbad 5. Project Director, National Highways Authority of India, Project Implementation Unit, Dhanbad, NHAI Complex, Kandra, P.O Bhitia, P.S. Govindpur, District Dhanbad .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Mr. Rohit Roy, Adv. : Mr. Vibhor Mayank, Adv. For the State : Mr. Rahul Saboo, GP-II : Mr. R.Kaushal, AC to GP-II For the NHAI : Mrs. Sweety Topno, Adv. : Mr. Amrit Raj Kisku, Adv. .... 19/16.09.2025 1. The present writ petition has been filed for following relief:- “(a) For commanding upon the concerned respondents particularly respondent no. 3 to show cause as to how and under what authority the respondent no. 3 is not preparing the land acquisition award in favour of the petitioners with respect to 1.08 acres of land of Khata No. 49, Plot 2025:JHHC:28342 2 W.P.(C) No.951 of 2022 no. 634, Mouza Mugma, P.S. No. 69, District Dhanbad and 0.21 acres of land of Khata No. 49, Plot no. 577, Mouza Mugma, P.S. No. 69, District Dhanbad; (b) For a further writ / order / direction in the nature of mandamus commanding upon the respondent authorities to immediately and forthwith prepare the land acquisition award in favour of the petitioners and disburse the awarded amount in favour of the petitioners.” 2. It is an admitted case of the parties that the land in question has been utilized for construction of road by the NHAI. The compensation has also been calculated on the basis of standing structure and the same has been deposited before the competent authority. 3. The present writ petition has been filed claiming that the petitioners are entitled for compensation also on the basis of title which has been wrongly denied. 4. The law operating in the field Section 3H(4) of the N.H.A.I. Act is quoted hereinbelow:- 3H(4)-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. 5. Thus, to resolve the dispute, jurisdiction lies with the principal civil Court but it can be only upon the reference made by the competent authority. 6. The parliamentary Act has designed a procedure and methodology and competent authority has been prescribed for resolving the dispute between the parties. 7. In view of the above discussion, the present writ petition stands disposed of directing the concerned respondent to refer the dispute before the competent authority as per the mandate of section 3H(4) of the N.H.A.I. Act. 8. With above observation and direction, the present writ petition stands disposed of. (Rajesh Kumar, J.) 16.09.2025 Shahid/ uploaded