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2022 DIGILAW 880 (JHR)

Vinay Kumar Rajbhar v. National Highways Authority of India

2022-07-19

RAJESH SHANKAR

body2022
JUDGMENT : RAJESH SHANKAR, J. 1. The present writ petition has been filed for quashing the notices dated 14.08.2021 issued to the petitioners by the Project Director, National Highways Authority of India, Project Implementation Unit, Durgapur (Annexure-5 series to the writ petition) directing them to remove the structure standing over the land appertaining to Khata No. 71, Plot No. 230, Mouza-Brindawanpur, Thana No. 64, P.S. Nirsa, District-Dhanbad, measuring an area of 0.0676 Acre on the ground that the same has already been acquired under the provisions of the National Highways Act, 1956 [hereinafter referred to as ‘the Act 1956’]. 2. Learned counsel for the petitioners submits that though Award Nos. 12A, 12B, 12C and 12D were prepared for payment of compensation in lieu of acquisition of the said land measuring an area of 0.0676 Acre in connection with Land Acquisition Case No. 46/2013-14 (L.A. Reference Case No. 47/2019-20), however, the petitioners have not been paid the awarded amount and on the contrary, they have been directed to remove the structure standing over the said land. Thus, the impugned notices issued by the Project Director, National Highways Authority of India, Project Implementation Unit, Durgapur being arbitrary and illegal are liable to be set aside. 3. Learned counsel for the respondents jointly submit that after preparation of the aforesaid awards in favour of the petitioners, an objection was raised by the Eastern Coalfields Ltd. before the competent authority-District Land Acquisition Officer, Dhanbad (the respondent No. 3), in pursuance of which the dispute with regard to payment of compensation was referred by the said competent authority to the Principal Civil Court of Original Jurisdiction-cum-Principal District and Sessions Judge, Hazaribagh under Section 3-H(4) of the Act, 1956 on 19.03.2020. It is also submitted that the respondent No. 3 vide letter No. 416 dated 16.05.2020, has deposited the awarded amount of Rs. 69,57,459/- with respect to L.A. Reference Case No. 47/2019-20 in the bank account of the said Court being maintained in Kotak Mahindra Bank, Dhanbad. 4. It is also submitted that the respondent No. 3 vide letter No. 416 dated 16.05.2020, has deposited the awarded amount of Rs. 69,57,459/- with respect to L.A. Reference Case No. 47/2019-20 in the bank account of the said Court being maintained in Kotak Mahindra Bank, Dhanbad. 4. Having heard learned counsel for the parties and keeping in view that the dispute with regard to the claim of compensation for acquisition of the land in question has already been referred to the Principal Civil Court of Original Jurisdiction-cum-Principal District and Sessions Judge, Hazaribagh for determination, I do not find any reason to entertain the petitioners’ prayer made in the present writ petition and the same is accordingly dismissed as not maintainable. 5. The petitioners may however pursue their claim before the said Court.