Urmila Pandey vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard Mr. P.P.N. Roy, the learned Senior counsel appearing on behalf of the petitioner, Mr. Abhijit Kumar Singh, the learned C.G.C appearing on behalf of the respondent Union of India and Mrs. Sweety Topno, the learned counsel appearing on behalf of the respondent NHAI.

The prayer in this petition is made for direction upon the respondents to pay the compensation amount for acquiring the land of the petitioner under section 3-G of the National Highways Act for construction and widening of the four-laning road from Khajuri to Widumganj in NH-75 (Sec.V) i.e. the land of the petitioner of Village Narkhoriya, Khata No.67, Plot no.326, area 0.50161 acre which was in the name of the petitioner’s mother late Ram Swari Kunwar, w/o late Muneshwar Dubey which was purchased by the mother of the petitioner by sale deed has been acquired under the National Highway Act for which notices were issued to the petitioner for receiving compensation vide letter no.46 dated 02.12.2022 and notice dated 11.02.2023 which was received by the petitioner.

Mr. P.P.N.Roy, the learned Senior counsel appearing on behalf of the petitioner submits that by the said notices intimation was made that amount of Rs.1,38,48,448=88 was fixed for compensation, however, it has been further pointed out that one another lady has claimed to be daughter of the petitioner and that is why the same has not been paid as yet. He submits that, however, the entire documents along with the affidavit has been produced before the authority concerned and in spite of that payment has not been made. He further submits that vide order dated 21.06.2024 the coordinate Bench has directed the petitioner to implead said daughter as respondent no.6 and for that I.A. No.6150 of 2024 is filed wherein at page no.3 of the said I.A details of said Bandana Ojha are described.

The learned counsels appearing on behalf of the respondent Union of India as well as the N.H.A.I have got no serious objection if the said prayer is allowed.

The instant I.A is allowed and disposed of. This I.A will be treated to be part of this writ petition and Bandana Ojha, d/o late Ram Shankar Pandey, w/o of Ajay Ojha, resident of Village Moudihra P.O. Natwar and P.S. Natwar District Rohtas, Bihar be treated as respondent no.6 in the writ petition.

Learned counsel for the respondent NHAI as well as respondent State jointly submit that in view of the judgment, the matter has already been referred to the Principal District and Sessions Judge, Garhwa and in such view of that matter, this dispute can be decided by the Principal District and Sessions Judge, Garhwa.

In view of above and considering that dispute is there with regard to entire share to be paid to the petitioner and one Bandana Ojha has also claimed for the amount in question, however, the plea is taken by the learned Senior counsel appearing for the petitioner that it is the self-acquired property of the petitioner and in view of that, the newly added respondent no.6 is not entitled and that dispute is required to be decided at the first instance by the Principal District and Sessions Judge, Garhwa in view of the Reference made by Land Acquisition Officer, Garhwa.

In view of above, this petition is disposed of directing the petitioner to take all the grounds before the Principal District and Sessions Judge, Garhwa where the matter is pending.

It goes without saying that this Court has not applied its mind on the merits of the case and it will be decided in accordance with law.

With  above  observation  and  direction  this  petition  is disposed of.

Pending petition also stands disposed of.