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RAJESH SHANKAR
Bandhan Ravidas – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The present writ petition has been filed for quashing order dated 05.11.2020 (Annexure-8 to the writ petition) passed by the respondent no. 2 – the Deputy Commissioner, Koderma in Misc. Case No. 23 of 2020, whereby the case of the petitioners has been referred to the Addl. Collector, Koderma-cum-Arbitrator appointed under Section 3-G(5) [wrongly written in the order dated 05.11.2020 as 3-H(5)] of the National Highways Act, 1956 (hereinafter referred to as “the Act, 1956”). Further prayer has been made for issuance of direction upon the respondents to immediately pay compensation to the petitioners treating their lands as residential-cum-commercial which have been acquired for the purpose of four laning/widening of NH-31 from Barhi to Koderma (Barhi-Rajauli Section) under Thana No. 276, Mouza-Chandwara, Block-Chandwara, District -Koderma.
2. The factual background of the case as stated in the writ petition is that a notification under Section 3-A(3) of the Act, 1956 was published in local newspapers i.e., Prabhat Khabar and Dainik Jagran on 22.07.2015 and in Hindustan and Dainik Bhaskar on 19.08.2015 wherein the lands of the petitioners were sought to be acquired for four l
The main legal point established in the judgment is the importance of following statutory procedures and respecting the orders of the constitutional courts in land acquisition matters under the Natio....
The competent authority under the National Highways Act lacks jurisdiction to alter or review awarded compensation once finalized, except in limited circumstances defined by statute.
The court ruled that claims of discrimination in land acquisition compensation must be supported by substantial evidence, and that statutory remedies must be exhausted before seeking judicial relief.
Section 3G of National Highways Act, 1956 provided for procedure for determination of amount payable as compensation.
If sub-section (2) of Section 3H of the Act of 1956 is looked into, the jurisdiction of the competent authority is nothing but to pay the compensation to the person or persons entitled thereto.
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