(2025:JHHC:24026) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1640 of 2023 .... 1. Bhola Saw, aged about 73 years, son of Late Dhanu Saw, resident of Patna Road, Teli Tola, P.O. Barhi, P.S. Barhi, District Hazaribagh 2. Tara Devi @ Dilchandia Devi, aged about 49 years, wife of Kishori Saw, resident of Konra, Patna Road, P.O. Barhi, P.S. Barhi, District Hazaribagh 3. Surendra Yadav, aged about 45 years, son of Funi Mahato, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 4. Tarun Devi, aged about 86 years, wife of Late Girdhari Sao, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 5. Maheshwari Devi, aged about 63 years, wife of Late Bhuneshwar Sao, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 6. Jagdish Saw, aged about 57 years, wife of Chatu Sao, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 7. Vajir Saw, aged abou 45 years, son of Naro Saw resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 8. Badri Saw, aged about 41 years, son of Late Thakuri Saw, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 9. Ganesh Saw, aged about 53 years, son of Naro Sao, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 10. Dularchand Saw, aged about 74 years, son of Jhaman Saw, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 11. Mosomat Sohwa, aged about 56 years, wife of Late Shankar Saw, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 12. Kishori Saw, aged about 57 years, son of Late Tokhan Saw, resident of 31, Patna Road, Near Barhi Over Bridge, Konra P.O. Barhi, P.S. Barhi, District Hazaribagh 13. Ramsewak Saw, aged about 43 years, son of Late Tokhan Saw, resident of 31, Patna Road, Near Barhi Over Bridge, Konra P.O. Barhi, P.S. Barhi, District Hazaribagh 14. Horil Saw, aged about 52 years, son of Late Tokhan Saw, resident of 31, Patna Road, Near Barhi Over Bridge, Konra P.O. Barhi, P.S. Barhi, District Hazaribagh 15. Rohan Saw, aged 50 years, son of Nago Saw, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 16. Lakhan Saw, aged 48 years, son of Naro Saw, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 17. Ganesh Saw, aged about 53 years, son of Naro Saw, resident of Konra, P.O. Barhi, P.S. Barhi District Hazaribagh 18. Chandrawati Devi, aged 57 years, wife of Shankar Saw 19. Rajesh Saw, aged about 53 years, son of Devnath Saw 20. Kamta Saw, aged about 47 years, son of Narayan Saw 21. Ajay Saw, aged about 44 years, son of Birju Saw 22. Koshal Saw, aged about 43 years, son of Birju Saw 23. Suman Kumar, aged about 34 years, son of Devnath Saw 24. Laxman Kumar, aged about 24 years, son of Umesh Saw 25. Saurabh Kumar, aged about 39 years, son of Narayan Sao Sl. Nos. 18 to 27, residents of Konra P.O. Barhi, P.S. Barhi, District- Hazaribagh .… Petitioners Versus 1. The State of Jharkhand 2. Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Project Building, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi (2025:JHHC:24026) 2 W.P.(C) No.1640 of 2023 3. Deputy Commissioner, Hazaribagh, P.O. Hazaribagh, P.S. Hazaribagh, District Hazaribagh 4. Additional Collector, Hazaribagh, P.O. Hazaribagh, P.S. Hazaribagh, District Hazaribagh 5. District Land Acquisition Officer, Hazaribagh, P.O. Hazaribagh, P.S. Hazaribagh, District Hazaribagh 6. National Highway Authority of India, Ministry of Road, Transport and Highways, Government of India, through its Project Implementation Unit, Kanhari Hill Road, P.O. Hazaribagh, P.S. Sadar, District Hazaribagh 7. Regional Officer, Regional Office, National Highway Authority of India, Ashok Nagar, Ranchi, P.O. Ashok Nagar, P.S. Argora, District Ranchi .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Mr. Sudhir Kr. Sharma, Adv. For the State : Mr. Shashank Saurav, AC to GP-III For the NHAI : Mrs. Sweety Topno, Adv. : Mr. Amrit Raj Kisku, Adv. .... 08/18.08.2025 1. The present writ petition has been filed for following reliefs:- (i) For issuance of an appropriate writ / order / direction or a writ in the nature of mandamus commanding upon the respondents to make payment of adequate compensation for land and structures constructed by the petitioners more fully described in para-13 which has been acquired vide Notification dated 14th February, 2017 for road widening / four laning of NH-31 (Barhi - Rajauli Section) under National Highway Act, 1956 as per the Commercial rate as notified earlier vide Notification No. 543 (E) dated 19.02.2016, which subsequently, however, was illegally withdrawn; (ii) Petitioners further pray for issuance of appropriate writ / order / direction commanding upon the respondents to make payment of interest, since, the date of Notification for the land as well as the structures constructed thereon till the preparation of Award and its intimation under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the raiyats @ 12% per annum in terms of Letter No. 367 dated 24th October, 2014 issued by Government of Jharkhand till the final payment; (iii) For issuance of appropriate writ / order / direction commanding upon the Respondents to make acquisition of the entire structures constructed by raiyats over land under acquisition instead of part one and make payment of adequate compensation for the same as per the (2025:JHHC:24026) 3 W.P.(C) No.1640 of 2023 provisions contained in Section 94 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other alike provisions applicable in the facts and circumstances of the present case. 2. It has been submitted by the learned counsel for the State as well as learned counsel for the respondent-NHAI that there is provision under Section 3- G(5) of the National Highways Act, 1956 for arbitration and the same should be adhered to and the petitioners may approach before the competent authority for redressal of their grievance. 3. In view of fair submission of counsel for the parties, nothing remains to be adjudicated. Consequently, the writ petition stands disposed of giving liberty to the petitioners to approach before the appropriate authority in view of provisions of Section 3-G(5) of the National Highways Act, 1956. If petitioners approach before the authority, the same shall be considered in accordance with law and appropriate order be passed within a period of eight weeks thereafter. 4. Accordingly, the present writ petition stands disposed of with aforementioned observations and directions. (Rajesh Kumar, J.) Shahid/ uploaded