IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5843 of 2022 ….…..

1. Sheetal Kumar Bid (aged near about 70 years), S/o Late Direndra Nath Bid.

2. Arvind Kumar Bid (aged near about 62 years) S/o Late Dhirendra Nath Bid.

Both permanent resident of Chowk Bazar, Bundu,(Near Kali Mandir, High School Road, Bundu), P.O & P.S.

Bundu, District-Ranchi. ..… Petitioner (s)

Versus

1. The State of Jharkhand.

2. The Deputy Commissioner, Ranchi at Ranchi Collectoriate, Ranchi, P.O. G.P.O., P.S. Kotwali, District-Ranchi.

3. The Additional Collector, Ranchi office at Ranchi Collectoriate, Ranchi, P.O. G.P.O., P.S. Kotwali, District-Ranchi.

4. The District Land Acquisition Officer, Ranchi, Office at Ranchi Collectoriate, Ranchi, P.O. G.P.O., P.S.

Kotwali, District-Ranchi. ..... Respondent(s)

….…..

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ….…

For the Petitioner(s) : Mr. Prakash Chandra, Advocate For the Resp.-State : Ms. Swati Shukla, A.C. to AAG-III Mr. Rahul Kumar, Advocate ….…..

C.A.V. ON: 27/01/2026 PRONOUNCED ON:16/02/2026

1. Heard learned counsel for the parties.

2. The petitioners have approached this Court for a decision in the matter of payment of land acquisition compensation amount for construction of NH-33, inasmuch as, the land of the petitioner situated at Mouza – Bundu, Thana No.23, P.S. – Bundu, Sheet No. 2, Plot No. 490, 491, falls under the Gazette notification for acquisition is being utilized by the National Highway.

3. The petitioners have claimed that they are the successors of Smt. Motibala Bid, who had purchased the said piece of land through registered sale deed in the year 1963 and part of the land at Plot No. 490, admeasuring 11 decimals and 0.7 decimals at Plot No. 491 is being used by the National Highway. 4. The petitioners in order to buttress their argument had relied upon the gazette notification dated 9.8.2022 and the map enclosed therewith and also the revenue receipt etc.

5. In this case a Counter affidavit has been filed on behalf of the National Highway Authority of India denying that part of the land as claimed by the petitioner at Plot No. 490 and 491, which was published in the Gazette of India, had not been acquired. The declaration of acquisition u/s 3(d) of the N.H. Act, 1956 has been subsequently withdrawn, inasmuch as, the present highway has been constructed over the available road itself.

6. The counsel of the NHAI has also argued that initially in the year 1961-62, land had been acquired for the purposes of the present national highway and the widening of the national highway has been done over the prevalent road of 45 meters width and hence, there had been no acquisition of land for the present national highway. In the counter affidavit the letter of Secretary of Road Construction Dept., Govt. of Jharkhand is annexed, wherein also it has been clarified that ROW of 45 meters existed from before since 1961-62.

7. In sum and substance, the NHAI has been disputing and denying of any further acquisition of land for the purpose of strengthening and widening of the national highway.

8. The nature of dispute as to whether acquisition has been made or not cannot be decided in extra ordinary writ jurisdiction of this Court. Furthermore, the acquisition or utilization, if any, for the purposes of strengthening of the national highway as it appears have been made during the period 2011-12 and the writ petition has been filed much belatedly in the year 2022 and hence, is also hit by the doctrine of delay and laches on the part of the petitioner.

9. Having regards to the above, the claim being of disputed questions of facts; coupled with the delay and latches and alternative remedy available to the petitioner, this Court is not inclined to grant any relief to the petitioner in exercise of power under Article 226 of the Constitution of India, however, the petitioner is at liberty to ventilate its grievances before competent forum, if so advised.

10. Accordingly, the instant writ petition stands dismissed.

Pending IAs if any, are