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2023 Supreme(Online)(JHK) 9652

HIGH COURT OF JHARKHAND
Mr. Justice Shree Chandrashekhar, Mrs. Justice Anubha Rawat Choudhary, JJ
ANJANA DEVI – Appellant
Versus
THE STATE OF JHARKHAND THROUGH THE SECRETARY / PRINCIPAL SECRETARY DEPTT OF REVENUE – Respondent


 ORDER

4 th August 2023

The writ petitioner who was seeking compensation from the National Highway Authority of India (in short, “NHAI) for a piece of land ad-measuring about 20 decimals is aggrieved of the order dated 12 th May 2022 by which W.P(C) No.3771 of 2020 filed by her has been dismissed with a liberty to her to seek a declaration from a competent Court of civil jurisdiction as regards her right, title and interest over the said land.

2. The writ Court has observed as under:

“ Considering the rival submissions of the parties and looking into the fact that there is dispute with regard to the land, which the petitioner is claiming to be of Khata No.1/1, but as per the State, Khata No.1/1 is not existing, as such, this Court is not inclined to interfere with the prayer made in the instant Writ Petition.

Accordingly, the Writ Petition stands dismissed.

However, the petitioner is at liberty to move before the competent court having Civil jurisdiction for declaration of her right, title and interest and thereafter may move for compensation, in accordance with law.”

3. At the outset, Mrs. Sweety Topno, the learned counsel for the NHAI states that compensation for the construction made

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