ISHWARI PRASAD, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 03.10.2018 passed in Land Acquisition Appeal No.35 of 2017-18 by the Additional Collector cum Arbitrator, Bokaro has been assailed by which the competent authority has declined to enhance the quantum of compensation.

(2.) It is the case of the petitioner that the authority while deciding the quantum as per the provision as conferred under Section 3 (G) (5) of the National Highways Act, 1956, has not appreciated the fact in the right perspective. Furthermore, the authority has taken into consideration the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2015.

(3.) According to the petitioner, under the National Highway Authority Act, 1956 there is no question of applicability of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 read with Act 2015 and as such there is jurisdictional error also.