Radha Devi v. The State of Jharkhand

CORAM: HON’BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner For the Respondent-State For the Respondent-NHAI ----- : Mr. Parth Jalan, Advocate : Mr. Shray Mishra, AC to GA-III : Mrs. Sweety Topno, Advocate ----- Order No. 03 Dated: 07.07.2022 The present writ petition has been filed seeking declaration that the land situated at Mouza- Chandwara, Thana No. 276, Khata No. 152, plot no. 7023, measuring an area of 0.02660 acre is residential in nature and not agriculture land and after declaration of the same, the respondents may be directed to make payment of proper compensation to the petitioner taking into account the fair market price of the same. Further prayer has been made for quashing notice (amended) no. 546 dated 12.04.2021 (Annexure-4 to the writ petition) issued by the respondent no. 3 – the District Land Acquisition Officer-cum-Competent Authority, Koderma under the National Highways Act, 1956 in connection with Land Acquisition Case No. 18 of 2014-15 [Award No. 100 (ञ)XXXIV], whereby computation of compensation has been made for acquisition of

0.02660 acre of the land situated at Mouza- Chandwara, Thana No. 276, Khata No. 152, Plot No. 7023 treating the same to be agricultural one instead of residential land.

Having heard the learned counsel for the parties and on perusal of the content of the writ petition, it appears that the petitioner is aggrieved with the quantum of compensation in 2 connection with Land Acquisition Case No. 18 of 2014-15 [Award No. 100 (ञ)XXXIV] as according to her, the compensation for the said land has been calculated on the basis of agricultural rate instead of residential rate.

Mrs. Sweety Topno, learned counsel for the respondent- NHAI, submits that if the petitioner is dissatisfied with the quantum of compensation fixed as per the award, she has efficacious remedy of preferring application under Section 3-G(5) of the Act, 1956 before the arbitrator appointed by the government for determination of appropriate compensation in relation to the award in question.

Having heard the learned counsel for the parties and keeping in view the nature of the prayer made by the petitioner in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to file an application under Section 3-G(5) of the Act, 1956 before the respondent no. 6 – the Additional Collector-cum-Arbitrator under the National Highways Act, 1956, Koderma. On receipt of the said application, the respondent no. 6, after providing an opportunity of hearing to the petitioner/her representative and on making due inquiry, if so required, including the measurement of the premises in question, shall take an appropriate informed decision within two months from the date of filing of the said application.