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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Balai Babu, Aged about 45 years, Son of Lakhinarayan Babu - Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No.198 of 2020
Decided On : 01-08-2025
| Table of Content |
|---|
| 1. petitioner seeks compensation for acquired land. (Para 2 , 3) |
| 2. court orders payment of compensation. (Para 4 , 5) |
Heard the parties.
2. This Writ Petition (Civil) has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of appropriate Writ(s)/Order(s)/Direction(s) in the nature of mandamus commanding upon the respondents to pay compensation (Award) in lieu of land measuring 4 decimals comprising Plot No.1292 under Khata No.200 situated at Mouza- Edalhatu in the district of Ranchi.
3. The case of the petitioner in brief is that the petitioner is the absolute owner of the land being the heir and successor of erstwhile owner of the land Tete Babu. The said land of the petitioner was acquired by the State Government for construction of the National Highway No.33. Pursuant to the same, the award was prepared and notice was published inviting the claimants to appear along with the necessary documents for settlement of their place. The respondent No.3 asked the respondent No.4 to submit a report after verification and the respondent No.4 submitted his report on 08.08.2016 but the awarded amount of Rs.12,62,208/- has been deposited by the respondent No.5 with the respondent No.3 by way of Demand Draft. The respondent No.1 to 4 have not controverted the fact that the respondent No.5 has paid Rs. 12,62,208/- to the respondent No.3 by way of Demand Draft. In their counter-affidavit, the respondent No.1 to 4 did not dispute that there is an award in favour of the petitioner for Rs. 12,62,208/-.
4. In view of the admitted facts of the case, this Writ Petition (Civil) is disposed of with a direction to the respondent No.3 to pay Rs. 12,62,208/- to the petitioner within six weeks from the petitioner producing copy of this order before the respondent No.3.
5. This Writ Petition (Civil) is disposed of with the aforesaid direction accordingly.
The Court emphasized the state’s obligation to disburse awarded compensation for land acquisition as mandated under Article 226, highlighting non-dispute by the respondents.
The court directed the petitioner to seek compensation from the Civil Court for land acquired, emphasizing adherence to proper legal channels as per the Tamil Nadu Highways Act.
A writ petition involving a dispute regarding right, title, and interest over immovable property is not maintainable except in cases where the claim of the applicant is admitted by the respondent.
The competent authority under the National Highways Act lacks jurisdiction to resolve title disputes regarding compensation entitlement, which must be adjudicated by the civil court.
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