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2023 Supreme(Jhk) 1345
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Shiv Narayan Sahu, son of Late Sudhi Sahu @ Asudhi Sahu – Appellant
Versus
The State of Jharkhand - Respondent
W.P.(C) No. 6147 of 2022
Decided on : 11-05-2023
Advocate Appeared:
For the Appellant :Mr. H. K. Mahato, Ms. Ahalya Mahato, Ms. Jyotsna Mahato, Advocate
For the Respondent: Mr. Ravi Kerketta, Ms. Deepika Jojowar, Mrs. Sweety Topno,
Mr. Amrit Raj Kisku, Advocate
IMPORTANT POINT
The main legal point established in the judgment is that the petitioner may have their grievance regarding compensation redressed in accordance with the provisions of the National Highway Authority Act, which provides for resolution of disputes through arbitration.
Headnote:
Compensation - Land Acquisition - The court found that the estimate of compensation had been forwarded to higher authority, but approval and the amount were awaited. No notice for acceptance of compensation had yet been issued to the petitioner. The petitioner was advised that if aggrieved by the compensation amount, they may have their grievance redressed in accordance with the provisions of the National Highway Authority Act, which provides for resolution of disputes through arbitration.
Fact of the Case:
The petitioner sought compensation for the house structure standing on the land acquired for the purpose of broadening a highway. The petitioner had not been paid the compensation, and the structure standing on the property was also required to be taken into account.
Finding of the Court:
The court found that the estimate of compensation had been forwarded to higher authority, but approval and the amount were awaited. No notice for acceptance of compensation had yet been issued to the petitioner. The court concluded that since the matter regarding the offer of compensation had not yet taken a final shape, no relief as prayed for by the petitioner in this writ petition could be granted at this stage. However, the petitioner was advised that they would have their remedy regarding compensation at an appropriate stage.
Issues: The issues revolved around the delay in the payment of compensation for the acquired land and the structure standing on it, as well as the absence of a final decision on the offer of compensation to the petitioner.
Ratio Decidendi: The court's decision was based on the fact that the estimate of compensation had been forwarded to higher authority, but approval and the amount were awaited. The court advised the petitioner that if aggrieved by the compensation amount, they may have their grievance redressed in accordance with the provisions of the National Highway Authority Act, which provides for resolution of disputes through arbitration.
Final Decision: The writ petition was disposed of, with the court advising the petitioner that they would have their remedy regarding compensation at an appropriate stage.
JUDGMENT :
Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs:
“For issuance of appropriate writ(s)/order(s)/direction(s) commanding the respondents to make payment of compensation in accordance with law at an early date for the house structure standing over the land pertaining to Khata No. 07, Plot No. 4950, out of area 0.51 Acres of Mouza Khora, P.O.- Khora, P.S. and District- Gumla acquisitioning for the purpose of broadening NH23 from Palma to Gumla of the petitioner for whole of the house structure and not in part.”
3. Learned counsel for the petitioner has submitted that initially some estimate regarding the compensation to be paid was prepared and subsequently, vide Annexure- 4 it was recorded that “After site verification it is found that structure measurement missed previously. Re-measurement taken. Amendment required.” The learned counsel submits that thereafter the petitioner has not been paid the compensation and the structure standing on the property was also required to be taken into account.
4. The learned counsel appearing on behalf of the respondents, by referring to the counter-affidavit, has referred to Annexure-B and submits that as per Annexure-B, the valuation of the structure standing on the acquired land and also of certain trees standing thereon has been re-estimated, missing plots have been measured and the valuation of the trees standing thereon have also been measured and the mouza-wise estimate regarding compensation has been forwarded to higher authority for approval. The learned counsel submits that the matter has been sent to the regional office of National Highway Authority vide letter dated 06.05.2023 and the approval is awaited. She submits that upon approval, the amount will be made available and then the notices will be issued to the concerned persons for collection of the compensation. She also submits that in case of any dispute regarding the quantum of compensation, the dispute has to be resolved through arbitration as per the provisions of the National Highway Authority Act. She submits that the petitioner will have his remedy once the notice regarding acceptance of compensation is issued to the petitioner.
5. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this Court finds from the submissions made on behalf of the learned counsel for the National Highway Authority of India that estimate of compensation has been forwarded to higher authority, but approval and the amount is awaited. No notice for acceptance of compensation has yet been issued to the petitioner awaiting the required approval and receipt of the amount from the higher authority. If the property claimed by the petitioner falls within the acquired land, then the petitioner will be issued notice for acceptance of compensation. Upon going through the offered compensation, the petitioner, if aggrieved by the compensation amount, may have his grievance redressed in accordance with the provisions of the National Highway Authority Act, which provides for resolution of dispute through arbitration.
6. Since the matter regarding offer of compensation to the petitioner has not yet taken a final shape, therefore, no relief as prayed for by the petitioner in this writ petition, can be granted at this stage.
7. However, in view of the aforesaid observations, the petitioner will have his remedy regarding compensation at an appropriate stage. It is further observed that the matter having already been sent to higher authority for approval, it is expected that the higher authority of National Highway Authority of India shall take expeditious steps such that the compensation is expeditiously paid to the concerned persons including the petitioner in accordance with law.
8. This writ petition is accordingly disposed of.
9. Pending interlocutory application, if any, is closed.
10. Interim order, if any, stands vacated.
