Partly allowed

Khagen Hansda v. the State of Jharkhand through the Secretary Land Reforms Govt of Jharkhand

Jharkhand HC16 Jul 2019WPC/1840/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging land acquisition compensation payment in favour of other title holders. It granted liberty to the petitioner to approach the competent authority by filing an objection under Section 3 (H) (iv) of the National Highway Act, 1956. The Court directed the authority to decide within two months if the objection is filed within three months.

What did the court decide?

Liberty granted to approach the competent authority by making an objection under Section 3 (H) (iv) of the National Highway Act, 1956.

Khagen Hansda Vs the State of Jharkhand through the… — Land Acquisition | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (C) No. 1840 of 2019

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Khagen Hansda … … Petitioner

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-V e r s u s-

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1.The State of Jharkhand through the Secretary, Land Reforms, Govt. of Jharkhand, Ranchi.

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2.Director, Land Reforms, Govt. of Jharkhand, Ranchi.

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3.The Deputy Commissioner, Dhanbad.

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4.Circle Officer, Dhanbad.

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5.District Land Acquisition Officer, Dhanbad

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6.National Highway Authority of India through its Chairman, New Delhi.

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7.Project Director, National Highway Authority of India, Dhanbad.

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… Respondents.

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CORAM: - HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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… For the Petitioner : - M/s. Varun Prabhakar and Rahul Dev, Advocates. For the Respondent-State : - A.C. to S.C. (L&C)-II. For the Respondent-N.H.A.I. : - Ms. Sweety Topno, Advocate.

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03/16.07.2019 This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the petitioner has agitated the grievance that even though he is title holder of the land, but on acquisition thereof, the amount of compensation has been paid in favour of the others.

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Ms. Sweety Topno, learned counsel appearing for the National Highway Authority of India has submitted that the petitioner is agitating the issues before this Court instead of availing the remedy under the Statute as provided under Section 3 (H) (iv) of the National Highway Act, 1956, which contains the provision to deal with such eventualities.

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Heard learned A.C. to S.C. (L&C)-II appearing for the Respondent-State.

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Learned counsel appearing for the petitioner has submitted that he may be given liberty to approach before the appropriate authority by making an appropriate application.

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This Court after appreciating the arguments of the learned counsel appearing for the petitioner, deems it fit and proper to dispose of this writ application with the consent of the learned counsel appearing for the respective parties by giving liberty to the petitioner to approach before the competent authority by making an objection under Section 3 (H) (iv) of the National Highway Act,

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If the said objection is filed by the petitioner within the period of three months from the date of receipt/production of a copy of the order, the concerned authority will decide the same within a period of two months thereafter by taking a decision thereon in accordance with law.

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This writ petition stands disposed of, accordingly.

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(Sujit Narayan Prasad, J.)

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APK

Khagen Hansda v. the State of Jharkhand through the Secretary Land Reforms Govt of Jharkhand

Case brief

What is this about?

What did the court decide?

Khagen Hansda v. the State of Jharkhand through the Secretary Land Reforms Govt of Jharkhand

Case brief

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What did the court decide?

What the court decided

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