Jivani Devi v. State of Jharkhand
Case brief
What is this about?
The petitioner challenged the compensation quantum under Article 226. Counsel accepted the availability of an alternative remedy under Section 3(g)(5) of the National Highways Act, 1956 and sought leave to withdraw the writ petition with liberty to approach the competent authority.
What did the court decide?
The writ petition is permitted to be withdrawn with liberty to approach the respondent No.3 before the competent authority within three weeks for adjudication within eight weeks.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.5527 of 2019
Jivani Devi . … Petitioner
Versus
- State of Jharkhand.
- Deputy Commissioner Hazaribagh.
- District Land Acquisition Officer-cum-Competent Authority NH-2 Hazaribagh, Hazaribagh.
- NHAI through Project Director, Dhanbad.
… Respondents
CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
| For the Petitioner | ------- : Mr. Rajesh Kumar, Advocate Mr. Sachin Mahto, Advocate |
|---|---|
| For the Resp.-State | : Mrs. Ranjana Mukherjee, AC to AG |
| For the Resp.-NHAI |
: Mrs. Sweety Topno, Advocate ---------------------------- |
Issues for consideration
2 issues framed by the court
Whether this Court can entertain the writ petition regarding dissatisfaction with the quantum of compensation despite the availability of an alternative remedy under the National Highways Act, 1956.
Whether the petitioner should be permitted to withdraw the writ petition in view of the availability of a statutory remedy before the competent authority.
Parties & counsel
- petitioner
Jivani Devi
- respondent
State of Jharkhand
- respondent
Deputy Commissioner Hazaribagh
- respondent
District Land Acquisition Officer-cum-Competent Authority NH-2 Hazaribagh
- respondent
NHAI through Project Director, Dhanbad
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · November
- Registered
- Case no.
- WPC/5527/2019
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