IKRAM ALI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) In this writ petition, the petitioner is limiting his prayer for issuance of direction upon the respondents for re-measuring the acquired lands of the petitioner by an Amin to be appointed by Circle Office, Dhanbad prior to demolition of the structures existing on the lands of Mouza-Kharkabad, Mauza no. 222, Khata no. 23, Plot no. 1207, measuring 7.5 decimals, acquired area 0.0233 acres.

(2.) Learned counsel has submitted that he had filed the objection before the competent authority under the provisions of National Highways Act, 1956 in LA Objection Case no. 38 of 2017, as would be evident from Annexure-3 of this writ petition, and the matter has been referred in terms of section 3G(5) of the National Highways Act, 1956, before the Arbitrator, but, till date, no order has been passed on the objection nor the arbitration proceeding has commenced. It is submitted by the counsel that for determining the appropriate compensation the said application was filed for measurement of the acquired land and the buildings standing on the land, which is pending before the Arbitrator. It is urged that measurement is required for proper computation of compensation by the Arbitrator.

(3.) Mr. Jayant Franklin Toppo, learned counsel on behalf of the State has submitted that the Arbitrator is a competent authority to adjudicate in the matter and he has no instruction about the status of the arbitration proceeding or whether any order has been passed or not by the competent authority under the provisions of National Highways Act, 1956. It is urged that it is not the appropriate stage for issuing any direction on the application filed by the petitioner as it is admitted by the petitioner that the matter is pending before the Arbitrator under Section 3G(5) of the of National Highways Act, 1956, and the same can be looked into by the Arbitrator if the proceeding is still pending before the Arbitrator. That notice under Section 3H of the Act has already been served upon the petitioner.