Ashok Kumar Mahto vs The State of Jharkhand and Others

P.P. Bhatt, J.—The petitioner by way of filing this petition under Article 226 of the Constitution of India has prayed for quashing the order dated 7.5.2012 passed in Appeal Case No. 190/11-12 by the Additional Collector-cum-Arbitrator u/s 3G(5) of the National Highways Act, 1956 whereby said authority has recalled the earlier order dated 24.1.2012 passed in Appeal Case No. 179/11-12 and thereby dismissed Appeal Case Nos. 179, 182, 183, 184, 185, 186, 187, 188, 189, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 209, 215/2011-12 which has been earlier allowed by him. Heard the learned counsel appearing for the petitioner and the respondents-State Government as well as learned counsel appearing for the National Highway Authority. Perused the materials placed on record.

It appears that land belonging to the petitioner was acquired for the purpose of construction of National Highway-33 after following due process and vide order dated 24.1.2012 amount of compensation has been sanctioned @ Rs. 15,274/-per decimal. Subsequently by order dated 7.5.2012 the learned Additional Collector, Ramgarh on the basis of the report submitted by the Circle Inspector suo motu passed an order of reduction of compensation amount in Appeal No. 190/11-12, which was earlier sanctioned vide Annexure-1, without giving any opportunity of being heard to the petitioner. It appears that proceedings of Appeal No. 190/2011-12 was taken up as suo motu alongwith another appeal bearing Nos. 179, 182, 183, 184, 185, 186, 187, 188, 189, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 209, 215/2011-12, the learned counsel appearing for the petitioner submitted that the order Annexure-3 was passed without affording any opportunity of being heard to the petitioner and therefore, the said order is in clear contravention of principle of natural justice.

Learned counsel for the respondents are not in a position to indicate from the record that the petitioner was heard and given opportunity before passing the said order.

In the aforesaid background, the order passed in respect of the Appeal No. 179/11-12 out of the order annexed vide Annexure-3 is ordered to be quashed and this petition is allowed accordingly. It is clarified that that Respondent authority can take out necessary proceeding for review/modification of the compensation amount if so permissible under the law. As and when such proceeding will be initiated, the respondent authority shall observe the principle of natural justice and shall give an opportunity of being heard before passing any adverse order against this petitioner. With the aforesaid observation this petition stands disposed of.