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2026 DAILYLAW 14952 (JHR)

KAULESHWAR CHOUDHARY v. THE STATE OF JHARKHAND

WPC/2422/2021 · 2026-02-12

Deepak Roshan

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:4167 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2422 of 2021 1. Koleshwar Chodhary, aged about 53 years, son of Sri Dilo Choudhary, 2. Fagu Sao, aged about 72 years, son of Late Bandhan Sao, 3. Khago Mahto, aged about 72 years, son of Late Tilak Mahto, 4. Khiru Mahto, aged about 87 years, son of Late Tilak Mahto, 5. Sugan Mahto, aged about 59 years, son of Late Tilak Mahto, 6. Raju Yadav, aged about 44 years, son of Late Sohar Gope, 7. Surendra Yadav, aged about 52 years, son of Late Sohar Gope, 8. Dwarika Yadav, aged about 50 years, son of Late Ramu Gope, 9. Santosh Yadav, aged about 42 years, son of Late Ramu Gope, All are residents of Village- Urwan, PO & PS: Chandwara, District- Koderma ... … Petitioner(s) Versus 1. The State of Jharkhand 2. Deputy Commissioner, Koderma, PO, PS & District- Koderma 3. Additional Collector, Koderma, PO, PS & District- Koderma 4. District Land Acquisition Officer, Koderma, PO, PS & District- Koderma 5. Executive Engineer, National Highway, Dhanbad Division, PO, PS & District- Dhanbad ... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. A. K. Sahani, Advocate For the Respondent(s) : Mr. Rakesh Kr. Roy, Advocate Mrs. Sweety Topno, Advocate -------- Order No.6 /Dated: 12th February 2026 The instant writ application has been preferred by the petitioners praying for a direction upon the respondents especially the respondent no. 4 either to determine proper and fair compensation in respect of residential/commercial land with building in the light of parameter provided in Sub-section (7) of Section 3(G) of the National Highways Act, 1956 or refer the matter for determination of amount of compensation by the respondent no. 3 in terms of Sub-section (5) of 2026:JHHC:4167 2 Section 3(G) of the said Act. The petitioners have further prayed for compensation with interest thereof. 2. Learned counsel for the petitioners draws attention of this Court towards Anenxure-6 and submits that this objection was filed by the petitioners along with other villagers before the District Land Acquisition Officer-cum-Competent Authority but the said objection has not yet been disposed of. Accordingly, the concerned officer may be directed to dispose of the representation in accordance with law and also in the light of the notifications of the Government (Annexures-4 and 5). 3. Learned counsel for the State and learned counsel for the NHAI fairly submit that the concerned respondent may be directed to dispose of the objection in the light of aforesaid notifications. 4. Having regard to the aforesaid facts and circumstances of the case, the instant writ application is hereby disposed of by directing the respondent no.4 to decide the objection in accordance with law and applicable rules and regulation especially Annexures- 4 and 5 to this writ application and pass an appropriate order with regard to compensation or refer the matter to the arbitrator as per the law. The entire exercise shall be completed within a period of eight weeks from the date of receipt/production of the copy of this order. 5. Pending I.As, if any, also stand disposed of. (Deepak Roshan, J.) 12th February 2026 Amit Uploaded on .14/03/2026