[Cites 1, Cited by 0]
Jharkhand High Court
Kishor Saw vs The State Of Jharkhand on 4 February, 2026
Author: Rajesh Kumar
Bench: Rajesh Kumar
2026:JHHC:2929
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No.1789 of 2023
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Kishor Saw, aged about 39 years, son of Laldhari Saw, resident of village -
Pipra, P.O.+P.S.- Hazaribagh, District - Hazaribagh, Jharkhand.
.... .... Petitioner(s)
Versus
1. The State of Jharkhand.
2. Deputy Commissioner, Hazaribag, P.O.+P.S.- Hazaribag, District -
Hazaribag.
3. District Land Acquisition Officer-cum-Competent Officer, NH-02
Hazaribag, P.O.+P.S.- Hazaribag, District - Hazaribag.
.... .... Respondent(s)
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s) : Mr. Sahil, Adv.
For the Respondent(s) : Mr. Anuj Burman, A.C. to G.A.-IV
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th
03/Dated: 04 February, 2026
1. Heard the learned counsel for the parties.
2. The present writ petition has been filed for following reliefs:-
"for issuance of a writ of or in the nature of mandamus
commanding upon the respondents specially Respondent No.3
to measure the area of house of the petitioner which has been
acquired for the purpose of widening of NH2 and to make
payment thereof and further to reassess the amount
compensation which has been paid to the petitioner in Land
Acquisition Case No.22/2012-13 with statutory interest till its
actual payment against the Award No. 47 prepared for Project
NH-02 with respect to Rs. 33,96,670.00/- against the land which
has been acquired by the respondents for the purpose of
widening NH-02."
3. It has been submitted by the learned counsel for the petitioner that
though the petitioner has received compensation of Rs.33,96,670/- under
protest pursuant to Award No.47 prepared in connection with Land
Acquisition Case No.22/2012-13, however, he has not been paid any amount
for the house situated over the said land. Moreover, the said compensation
was also paid to him at the old rate. The petitioner raised the objection
2026:JHHC:2929
before the respondent No.3 in this regard, however, no action was taken,
which has compelled him to prefer the present writ petition.
4. Learned counsel for the respondent-NHAI, has submitted that the
petitioner has got statutory/efficacious remedy under Section 3G(5) of the
National Highways Act, 1956 for redressal of his grievance.
5. Considering the fact that the petitioner has got the statutory/
efficacious remedy under Section 3G(5) of the National Highways Act,
1956, for ventilating his grievance, and as such the petitioner is given liberty
to prefer an application raising the objection with regard to insufficient
payment of compensation to him in connection with Land Acquisition Case
No.22/2012-13 before the respondent No.3. On receipt of the said
representation, the respondent No.3 shall refer the matter to the Additional
Collector-cum-Arbitrator, Hazaribagh, under the provisions of Section 3G(5)
within 30 days from the date of receipt of the said application.
6. With the aforesaid liberty, the present writ petition stands disposed of.
7. Pending interlocutory application, if any, stands disposed of.
(Rajesh Kumar, J.)
Dated: 04th February, 2026
Amar/-
Uploaded on 05.02.2026
Page | 2 W.P. (C) No.1789 of 2023
