Disposed

Manoj Kumar Ram v. the State of Jharkhand

Jharkhand HC20 Aug 2024WPC/5956/2023

Case brief

AI extract

What is this about?

Writ petition seeking enhanced land acquisition compensation for National Highway work. The court noted an alternative remedy under section 3-G(6) of the National Highways Act read with section 34 of the Arbitration and Conciliation Act and disposed of the petition with liberty to avail that remedy.

What did the court decide?

Liberty granted to petitioner to seek enhancement of compensation via arbitration under section 3-G(6) NH Act.

Manoj Kumar Ram Vs the State of Jharkhand — Land Acquisition | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P.(C) No. 5956 of 2023

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----

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MANOJ KUMAR RAM

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Address - RO VILL PALHE KALAN PO BHOJPUR PS NAGAR UNTARI DIST GARHWA

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. ... Petitioners

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-- Versus --

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1) THE STATE OF JHARKHAND

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2) THE DEPUTY COMMISSIONER GARHWA, PO AND PS AND DIST GARHWA 3) THE DISTRICT LAND ACQUISITION OFFICER CUM COMPETENT AUTHORITY GARHWA, PO AND PS AND DIST GARHWA

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4) THE ADDITIONAL COLLECTOR CUM ARBITRATOR GARHWA, PO AND PS AND DIST GARHWA

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5) THE NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH ITS CHAIRMAN, OFFICE AT NATIONAL HIGHWAY AUTHORITY OF INDIA G5 AND 6 SECTOR 10 PO AND PS DWARKA NEW DELHI 6) THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, PIV DURGAPUR NHAI COMPLEX SECTOR 2A BIDHAN NAGAR DURGAPUR PO AND PS BIDHAN NAGAR DIST BURDWAN ( W B) ... . Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner	:-	--- Mr. Binod Kumar, Advocate
For the State	:-	Mr. Zaid Imam, Advocate Mr. Z.A.Khan, Advocate
For the NHAI	:-	Mrs.Sweety Topno, Advocate Mr. Amrit Raj Kisku, Advocate ----

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5 /20.08.2024

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The surviving defects are ignored.

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Prayer in this petition has been made for payment of higher

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amount of compensation.

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Learned counsel for the respondent State as well as NHAI submit that compensation is already decided in favour of the petitioner however, the petitioner is aggrieved with quantum of compensation and as such the petitioner is having alternative remedy under section 34 of the Arbitration and Conciliation Act, 1996 in light of the provisions made in section 3-G(6) of National Highways Act, 1956.

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In view of above, this petition is disposed of with liberty to petitioner to avail alternative remedy in light of the above provisions.

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( Sanjay Kumar Dwivedi, J.)

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SI/,

Manoj Kumar Ram v. the State of Jharkhand

Case brief

What is this about?

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Manoj Kumar Ram v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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