Ghan Shyam Saw v. The State of Jharkhand

CORAM: HON’BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner For the Respondent-State For the Respondent-NHAI ----- : Mr. Gaurav Abhishekh, Advocate : Mr. Binit Chandra, AC to AAG-III : Mrs. Sweety Topno, Advocate Mr. Amrit Raj Kisku, Advocate ----- Order No. 04 Dated: 20.07.2023 The present writ petition has been filed for issuance of direction upon the respondents to pay appropriate compensation to the petitioner for acquisition of his lands, as detailed in paragraph no. 8 of the writ petition for the purpose of widening of NH-2.

Learned counsel for the petitioner submits that despite passing of awards dated 05.01.2021 by the Additional Collector, Giridih- cum-Arbitrator under the National Highways Act, 1956 in Case Nos. 08/2020-21 and 09/2020-21 as well as award dated 08.12.2020 passed in Case No. 17/2020-21 directing the respondent no. 4 – the Project Director, National Highways Authority of India, Kandra, Dhanbad to make payment of difference of enhanced compensation for the concerned land and structure, the same has not been paid to the petitioner.

The writ petition was earlier taken up for consideration on

11.07.2023 and on the said date, following order was passed: “A counter affidavit has been filed on behalf of the respondent nos. 5 and 6 wherein it has been stated that pursuant to the awards passed by the Arbitrator-cum-Additional Collector, Giridih, the District has made Land Acquisition Officer, Giridih reassessment of compensation for acquisition of the 2 land in question on the basis of materials and evidence available on record as per which the differential amount is to be paid to the petitioner at commercial rate. A copy of the revised awards has been sent to the Project Director, National Highway Authority of India, Kandra, P.S.-Govindpur, District- Dhanbad vide letter no. 258 dated 07.02.2023. The matter is now pending before the Project Director, National Highway Authority of India. Considering the said statement made on behalf of the respondent nos. 5 and 6, the respondent-NHAI is directed to file counter affidavit within one week. Put up this case under the same heading on

20.07.2023.”

A counter affidavit has been filed on behalf of the respondent-NHAI stating inter alia that after receiving the revised awards vide letter no. 258 dated 07.02.2023, the Project Director, Project Implementation Unit, NHAI, Dhanbad has preferred applications under Section 34 of the Arbitration and Conciliation Act, 1996 in the court of Civil Judge (Sr. Division)-I, Giridih, which have been registered as Case Nos. 01/2023, 02/2023 and 03/2023.

Having heard learned counsel for the parties and considering that the revised awards prepared by the respondent no. 6 – the District Land Acquisition Officer-cum-Competent Authority under the National Highways Act, 1956, Giridih in pursuance of the awards passed by the Additional Collector, Giridih-cum-Arbitrator under the Act, 1956, the NHAI has challenged the revised awards before the concerned court by filing applications under Section 34 of the Act, 1996, no direction can be issued to the authorities for payment of enhanced compensation to the petitioner at present.

The writ petition is accordingly dismissed. The petitioner is, however, at liberty to appear in the aforesaid cases pending before the Civil Judge (Sr. Division)-I, Giridih. Manish (Rajesh Shankar, J.)