MUKUND SAW ALIAS BALMUKUND SAW v. THE STATE OF JHARKHAND
WPC/6893/2023 · 2026-01-29
Rajesh Kumar
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 4494 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4494 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:2234 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.6893 of 2023
Mukund Saw @ Balmukund Saw, aged about 79 years, son of Khemjit Saw, resident of Village Pipra, P.O. Singhrawan, P.S. Chouparan, District Hazaribagh (Jharkhand). …… Petitioner Versus
1. The State of Jharkhand
2. Deputy Commissioner, Hazaribag, P.O. and P.S.- Hazaribag, District -Hazaribag.
3. District Land Acquisition Officer-Cum-Competent Officer, NH-02 Hazaribag, P.O. and P.S. Hazaribag, District -Hazaribag.
4. Project Director, P.I.U., Ν.Η.Α.Ι., Hazaribagh, P.O., P.S. and District Hazaribagh. …... Respondents ---------
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Sahil, Advocate For the Resp.-State : Ms. Amrita Banerjee, AC to GP-I For the Resp.-NHAI : Ms. Khushboo Kataruka, Advocate Mr. Shubham Kataruka, Advocate --------
05/Dated: 29
th January, 2026
1. Heard learned counsel for the parties.
2. The present writ petition has been filed for the following relief :-
“(a) for issuance of a writ of or in the nature of mandamus commanding upon the respondents specially Respondent No.3 to measure the area of house of the petitioner which has been acquired for the purpose of widening of NH2 and to make payment thereof and further to reassess the amount of compensation which has been paid to the petitioner in Land Acquisition Case No.22/2012-13 with statutory interest till its actual payment against the Award No.44 prepared for Project NH-02 with respect to Rs. 16,49,165.00/- against the land which has been acquired by the respondents for the purpose of widening NH-02.”
3. It has been submitted by the learned counsel for the - 1 - W.P.(C) No.6893 of 2023
2026:JHHC:2234 petitioner that though the petitioner has received compensation of Rs.16,49,165/- under protest pursuant to Award No.44 prepared in connection with Land Acquisition Case No.22/2012-13, however, he has not been paid any amount for the house situated over the said land. Moreover, the said compensation was also paid to him at the old rate. The petitioner raised the objection before the respondent No.3 in this regard, however, no action was taken, which has compelled him to prefer the present writ petition.
4.
Learned counsel for the respondent -NHAI, has submitted that the petitioner has got statutory/efficacious remedy under Section 3G(5) of the National Highways Act, 1956 for redressal of his grievance.
5. Considering the fact that the petitioner has got the statutory/ efficacious remedy under Section 3G(5) of the National Highways Act, 1956, for ventilating his grievance, and as such the petitioner is given liberty to prefer an application raising the objection with regard to insufficient payment of compensation to him in connection with Land Acquisition Case No.22/2012-13 before the respondent No.3. On receipt of the said representation, the respondent No.3 shall refer the matter to the Additional Collector -cum- Arbitrator, Hazaribagh, under the provisions of Section 3G(5) within 30 days from the date of receipt of the said application.
6. With the aforesaid liberty, the present writ petition stands disposed of.
7. Pending interlocutory application, if any, stands
disposed of.
(Rajesh Kumar, J.) 29th January, 2026 Ravi-Chandan/- Uploaded on 30.01.2026 - 2 - W.P.(C) No.6893 of 2023