ZAFIRUL HASAN KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the following prayers have been made:-

(2.) It is the case of the petitioner that the land belongs to the petitioner having perfect title which he is claiming on the basis of registered sale deed dated 14.11.1923 having been purchased from one Wahid Khan who was the recorded Khatiyani Raiyat but initiating a proceeding the land has been used for the purpose of widening of National Highway by handing it over in favour of the National Highway Authority of India Ltd., even though no compensation with respect to the open land or the structure situated over there, has been paid, therefore, the instant writ petition.

(3.) Counter affidavit has been filed on behalf of the State respondent inter alia the stand has been taken that the land in question is Gair Majurwa Khas, however, the fact about the peaceful possession over the land in question has not been disputed as per the statement made in paragraph 7 and as such it has been stated that the petitioner's case is to be considered for the compensation for private structure like house and other building exist on the Government land on recommendation of competent authority of Land Acquisition/State Government and to that effect the Circle Officer after making thorough inquiry has sent the entire record before the Project Director, National Highway Authority of India Ltd., the respondent No.3 for taking appropriate action vide communication dated 12.12.2017.