Ravindra Kumar Rao v. The State of Jharkhand

HON’BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner: For the State: For the NHAI: ----- Mr. H. S. Pandey Mr. Amrit Raj Kisku, A.C to G.A-V Ms. Sweety Topno ----- 05/18.03.2025 The present writ petition has been filed for issuance of direction upon the concerned respondents to pay appropriate compensation to the petitioner in lieu of acquisition of his house situated over the land appertaining to Khata No. 2, Plot Nos. 497 & 498, Mouza-Bahinga, Thana No. 355, District-Deoghar for construction of NH-114A (Basukinath Deoghar Section) vide L. A. Case No. 26/2022-2023 as the award for meagre amount of Rs.3,37,240/- has been prepared in his favour.

Mr. Amrit Raj Kisku, learned A.C to G.A-V appearing on behalf of the respondent-State as well as Ms. Sweety Topno, learned counsel for the respondent-NHAI, jointly submit that since the petitioner is aggrieved with the quantum of compensation proposed to be paid to him for acquisition of his residential house, he has got statutory remedy of invoking Section 3-G(5) of the National Highways Act, 1956 [hereinafter referred to as ‘the Act, 1956’] seeking enhancement of compensation.

Having heard learned counsel for the parties and considering that the petitioner is aggrieved with the quantum of compensation proposed to be paid to him for acquisition of his house in question, this Court is of the view that the petitioner has got efficacious remedy to get the said compensation determined by an Arbitrator appointed for the said purpose by invoking Section 3-G(5) of the Act, 1956.

Hence, the petitioner is given liberty to prefer a fresh application in this regard before the respondent No.4, who on receipt of the same, shall refer the matter to the Additional Collector, Deoghar-cum-Arbitrator under the Act, 1956 within 30 days from the date of filing of the said application.

The present writ petition is accordingly disposed of with the aforesaid liberty and direction. Satish/-

(RAJESH SHANKAR, J)