ASHOK KUMAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner by way of filing this petition under Article 226 of the Constitution of India has prayed for quashing the order dated 7.5.2012 passed in Appeal Case No. 190/11-12 by the Additional Collector-cum-Arbitrator under Section 3G(5) of the National Highways Act, 1956 whereby said authority has recalled the earlier order dated 24.1.2012 passed in Appeal Case No. 179/11-12 and thereby dismissed Appeal Case Nos. 179, 182, 183, 184, 185, 186, 187, 188, 189, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 209, 215/2011-12 which has been earlier allowed by him. Heard the learned counsel appearing for the petitioner and the respondents-State Government as well as learned counsel appearing for the National Highway Authority. Perused the materials placed on record.

(2.) It appears that land belonging to the petitioner was acquired for the purpose of construction of National Highway-33 after following due process and vide order dated 24.1.2012 amount of compensation has been sanctioned @ Rs. 15,274/-per decimal. Subsequently by order dated 7.5.2012 the learned Additional Collector, Ramgarh on the basis of the report submitted by the Circle Inspector suo motu passed an order of reduction of compensation amount in Appeal No. 190/11-12, which was earlier sanctioned vide Annexure-1, without giving any opportunity of being heard to the petitioner. It appears that proceedings of Appeal No. 190/2011-12 was taken up as suo motu alongwith another appeal bearing Nos. 179, 182, 183, 184, 185, 186, 187, 188, 189, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 209, 215/2011-12, the learned counsel appearing for the petitioner submitted that the order Annexure-3 was passed without affording any opportunity of being heard to the petitioner and therefore, the said order is in clear contravention of principle of natural justice.

(3.) Learned counsel for the respondents are not in a position to indicate from the record that the petitioner was heard and given opportunity before passing the said order.