Jitendra Kumar Singh Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Jitendra Kumar Singh Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioners to prefer a fresh representation before respondent No.4; respondent No.4 directed to provide an opportunity of hearing to the petitioners/their representatives and take an appropriate informed decision in accordance with law within six weeks from the date of filing of the representation.

Issue for consideration

Whether the concerned respondents should be directed to take a decision on the petitioners' representation dated 20.12.2023 regarding acquisition of their lands notified for construction/widening of NH-75 (now NH-39) in district Palamau.

Ratio / Principle

Without entering into the merits of the case, the petitioners are given liberty to prefer a fresh representation on the present issue before respondent No.4.

Key takeaways

On receipt of the fresh representation, respondent No.4 shall, after providing an opportunity of hearing to the petitioners/their representatives, take an appropriate informed decision in accordance with law within six weeks from the date of filing of the representation.ratio¶19

Detailed headnote1 paragraphs

W.P.(C) No. 1007 of 2024, High Court of Jharkhand at Ranchi (Rajesh Shankar, J.; header date '06/05.03.2025'). Petitioners Jitendra Kumar Singh and Anar Devi confined their prayer to a direction upon the respondents to take a decision on their representation dated 20.12.2023 (Annexure-3) concerning acquisition of their lands at Sl. Nos. 355, 356, 358, 379, 430 & 431 in district Palamau for construction of NH-75 (now NH-39) from 130.6 K.M to 147.54 K.M, as notified in the Gazette (extra-ordinary) bearing reference CGDL-14062023-246538 dated 13.06.2023 (published in 'Dainik Bhaskar', Ranchi Edition, 24.06.2023), the decision having been taken in pursuance of the Ministry of Road Transport and Highways notification dated 20.01.2023 under Section 3(A)(3) of the National Highways Act, 1956 for widening of NH-39. Without entering into the merits, the court disposed of the writ petition, granting the petitioners liberty to file a fresh representation before respondent No.4 and directing that, on receipt thereof, respondent No.4 shall provide an opportunity of hearing to the petitioners/their representatives and take an appropriate informed decision in accordance with law within six weeks from the date of filing of the representation.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 1007 of 2024

Jitendra Kumar Singh

Anar Devi ….. Petitioners

Versus

The State of Jharkhand

The Secretary, Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi

The Deputy Commissioner, Palamau

The Distinct Land Acquisition Officer, Palamau

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

The Project Director, National Highway Authority of India, Palamau

….. Respondents -----

CORAM

HON’BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioners: Mr. Saurabh Shekhar For the State: Mr. Apoorva Singh, A.C to S.C (Mines)-II For the NHAI: Ms. Sweety Topno -----

06/05.03.2025 Learned counsel for the petitioners confines the prayer made in the present writ petition to the extent of issuance of direction upon the concerned respondents to take decision on the petitioners’ representation dated 20.12.2023 (Annexure-3 to the writ petition) preferred in relation to acquisition of the lands as notified in the Gazette (extra-ordinary) bearing reference as CGDL-14062023-246538 dated 13.06.2023, published in the daily newspaper, namely, ‘Dainik Bhaskar’, Ranchi Edition dated 24.06.2023 (Annexure-1 to the writ petition) whereby the decision taken for acquisition of the petitioner’s land appearing at Sl. Nos. 355, 356, 358, 379, 430 & 431, situated in the district of Palamau for construction of NH-75 (now NH-39) from 130.6 K.M to 147.54 K.M has been brought on public domain by the respondent No.4. The said decision has been taken in pursuance of the notification dated 20.01.2023 issued by the Ministry of Road Transport and Highways, Government of India under the provisions of Section 3(A)(3) of the National Highways Act, 1956 for the purpose of widening of NH-39.

Mr. Apoorva Singh, learned A.C to S.C (Mines)-II appearing on behalf of the respondent-State, submits that if the petitioners prefer a fresh representation on the present issue before the respondent No.4, an appropriate decision in accordance with law will be taken within a time frame.

Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer a fresh representation on the present issue before the respondent No.4. On receipt of the said representation, the respondent No.4, after providing an opportunity of hearing to the petitioners/their representatives, shall take an appropriate informed decision in accordance with law within six weeks from the date of filing of the said representation.

The present writ petition is accordingly disposed of with the aforesaid liberty and direction.

(RAJESH SHANKAR, J)

Satish/-