GULAB CHAND CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 1/3/2021 (Annexure-7 to the writ petition) passed by the respondent no. 2 - the District Land Acquisition Officer, Giridih in Misc. Case No. 125/2020-21, whereby the said respondent has rejected the petitioner's objection against the modification of the award.

(2.) Learned counsel for the petitioner submits that the Award No. 118 was prepared by the respondent no. 2 in favour of the petitioner as well as Jageshwar Mahto, Premchand Mahto and Chintaman Mahto in connection with land Acquisition Case No. 25/2014-15 for acquisition of the land appertaining to Khata No. 249, Plot No. 5065/2, Mouza-Jarmune, measuring an area of 0.0697 acre for the purpose of widening of NH-2. However, without any information to the petitioner, the said award was subsequently modified by deleting his name from the same and including the name of Rupan Mahto in his place. The name of other original awardees remained unchanged and all of them were also paid compensation. Aggrieved with the said action, the petitioner filed an objection before the respondent no. 2, however, instead of referring the same under Sec. 3-H(4) of the National Highways Act, 1956 (hereinafter referred to as "the Act, 1956"), it was registered as Misc. Case No. 125/2020-21 and was finally dismissed vide impugned order dtd. 1/3/2021. It is further submitted that pursuant to the petitioner's objection filed against modification of the award before the respondent no. 2, the said respondent should have taken appropriate action on the same in accordance with law.

(3.) Heard learned counsel for the parties and perused the content of the writ petition. It is clearly provided under Sec. 3-H(4) of the Act, 1956 that if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority has to refer the dispute for the decision of the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated.