RAMSWAROOP SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has sought direction upon the respondent nos. 2 and 3 not to proceed further in construction and widening of NH-33 in respect of land having Khata No. 31, Plot No. 1112, thana No. 61, Village-Ormanjhi, which is said to be belonging to the petitioner.

(2.) From the facts, which have been stated on behalf of the petitioner, it appears that the acquisition process was started in the year 2010 for widening NH-33 by issuing publication of notification and thereafter vide Annexure-1 dated 13.9.2010, notices have been issued in compliance of Section 3(H) of the National Highways Act, 1956 in the name of the persons, who have been found to be the claimants. It is submitted that petitioner, however, subsequently came to know about the acquisition when the respondents approached to remove the petitioner's premises from the land in question. Thereafter, he filed an objection before the competent authority i.e. Land Acquisition Officer, Ormanjhi, Ranchi vide his representation dated 16.5.2012.

(3.) Learned counsel for the State, however, submits that the prescribed procedure is laid down under the Provisions of N.H. Act, 1956 under Section 3(H) whereunder after meeting with the objection, it would take possession of the land and the amount determined under Section 3G of the Act is to be deposited by the Central Government as laid down under the Rules. Where several persons claim to be interested in the amount deposited, the competent authority shall determine the persons to whom the amount is payable. In case of any dispute as to the apportionment of the amount or any part thereof, on objection by the concerned persons, the competent authority shall refer the dispute to the decision of the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated.