Ram Kishore Singh vs Union Of India & Others
2021 Latest Caselaw 4091 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        (Civil Writ Jurisdiction)
                      W.P.(C) No. 4799 of 2012
                           ........

Ram Kishore Singh                             .... ..... Petitioner
                             Versus
Union of India & Others                        .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Petitioner : Mr. Ayush Aditya, Advocate For the Respondents/State : Mr. Om Prakash Tiwari, G.P.-III.

........

06/29.10.2021.

Heard, learned counsel for the parties.

The petitioner, Ram Kishore Singh has preferred this writ petition for setting aside the order dated 17.03.2012 passed by respondent No.4, District Land Officer-cum-Competent Authority, NH-33, Hazaribagh in Case No.36/2010-11, regarding deposit and payment of compensation amount between the co-sharers, which have been adjudicated by the authority themselves contrary to the provisions of Section 3 H (4) of the National Highways Act, 1956.

Learned counsel for the petitioner has submitted that Section 3 H (4) of the National Highways Act, 1956 is Pari Materia to Section 30 of the Land Acquisition Act, 1894, as such, in view of the judgment passed in the case of Girishchandra Mahendra Prasad Pathak Vs. The Collector of Vadodara passed in Spl. Civil Application No.9093/2020 by the Hon'ble High Court of Gujarat at Ahmadabad, judgment passed by the Apex Court in the case of Dr. G. H. Grant Vs. State of Bihar reported in AIR 1966 SC 237 as well as order passed by the Division Bench of this Court in Nakul Bedia & Others Vs. The Union of India reported in AIR 2016 Jharkhand 133 and the order passed by this Court in W.P.(C) No.1230/2012 in the case of Teju Bedia & Others Vs. Union of India & Others, the matter may be referred before the Competent court of civil jurisdiction having territorial jurisdiction over the area where land is situated.

Learned counsel for the respondent-state, Mr. Om Prakash Tiwari, G.P.-III has no objection.

Considering the rival submissions of the parties, looking into the facts and circumstances of the case, the impugned order dated 17.03.2012

passed by respondent No.4, District Land Officer-cum-Competent Authority, NH-33, Hazaribagh in Case No.36/2010-11 is hereby set aside.

Accordingly, W.P.(C) No.4799/2012 is hereby allowed. The concerned authority is directed to act in accordance with Section 3 H (4) of the National Highways Act, 1956 by referring the matter before the Competent court of civil jurisdiction having territorial jurisdiction over the area where land is situated, within a period of four weeks from the date of production of copy of the order.

(Kailash Prasad Deo, J.) Jay/-