Raj Ballabh Singh vs State Of Jharkhand And Others

Anubha Rawat Choudhary, J

Learned counsel for the parties are present.

Learned counsel for the petitioner has submitted that no award has been prepared in connection with Plot No. 135, Khata No. 4, village Dardag, area 0.02 3/4 decimal.

He submits that the respondents are offering the petitioner to take the compensation but the award has not been annexed in the counter affidavit filed by the respondents. The learned counsel has submitted that in fact no award has been prepared.

The learned counsel submits that unless an award is prepared in connection with the property, there is no question of any payment and he submits that if the petitioner accepts the amount being offered by the respondents, the petitioner will not be able to avail the statutory remedy provided under the provisions of National Highways Act, 1956.

The learned counsel has also submitted that there is structure standing over the property and it has been contended by the respondents that the structure was constructed after the acquisition of the land, but the same is a disputed fact and if such dispute is there, then the petitioner has a remedy under the provisions of National Highways Act, 1956.

Learned counsel for the respondents submits that though the award in connection with aforesaid property is not on record, he will seek instructions and file the award before this court. If the award has not been prepared, then under such circumstances, the award is required to be prepared.

Counsel for the respondents is directed to seek instructions and file supplementary counter affidavit annexing the award in connection with the aforesaid property and if no such award has been prepared it should be specifically mentioned in the supplementary counter affidavit.

Post this case on 15.05.2023.

The supplementary counter affidavit should be filed by 12.05.2023.