Rajendra Saw vs State Of Jharkhand

Gautam Kumar Choudhary, J

Heard, learned counsel for the parties.

Petitioners are aggrieved by the Award of compensation for the land acquired for NH.31 (Barhi- Rajauli Section) under National Highway Authority Act, 1956 vide Notification No.543 (E) and for payment of adequate compensation in terms of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The facts of this case are not in dispute that the land measuring total area of 5.925 acres was acquired for laning/ widening of National Highway No.31, Barhi- Rajauli Under Section 3A of the National Highway Act, 1956.

Subsequent to the said acquisition, estimate for compensation was issued by the Government of India vide Notification dated 14.02.2017 amending the earlier Notification No.543 dated 14.02.2016 and the nature of land which was earlier shown as commercial was changed to Commercial /Residential/ Agricultural and accordingly award was prepared under Section 3(G) which was sent by the Land Acquisition Officer by Letter No.1770 dated 16.11.2017 to the Project Director, National Highway Authority of India, Hazaribag for approval of the Award.

The said estimate was challenged by the National Highway Authority Act in Arbitration Case No.02 of 2020 with regard to the nature of land which was declared as commercial land vide Notification dated 14.02.2017. The application filed by the NHAI was dismissed. However, the nature of land which was declared as commercial was changed into commercial, residential and agricultural and the award of compensation was reduced from Rs.1,060,958,293/- to Rs.54,71,88,93.00/-.

The Award passed by the Additional Collector, Hazaribag is under-challenge in the instant Writ Petition.

It is submitted by learned counsel for the petitioner that the Award was passed without service of notice and without hearing the petitioner and, therefore, the instant prayer has been made to refer the same.

Learned counsel for the NHAI has submitted that the petitioners have a remedy and without exhausting the same, they have moved this Court for redressal of their grievances. Petitioners have a remedy to approach before the appropriate authority in view of provisions of Section 3-G (5) of the National Highway Authority Act, 1956.

Consequently, the instant Writ Petition stands disposed of with liberty to the petitioners to approach before the appropriate authority in view of provisions of Section 3-G(5) of the National Highway Authority Act, 1956. If the petitioners approach before the competent authority, the same shall be considered in accordance with law and appropriate order be passed within a period of eight weeks thereafter.

The Writ Petition stands disposed of with the aforementioned observations and directions. Pending I.A., if any, stands disposed of.