JUDGMENT : ANUBHA RAWAT CHOUDHARY, J. 1. Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs: “(a) For issuance of an appropriate writ especially in the nature of mandamus commanding upon the respondent no. 5 to immediately and forthwith make proper inspection for fair quantification of compensation as regards the existing structures/fixtures standing over the land appertaining to Mouza Jiyalgora, P.S. No. 129, Khata No. 30, Plot No. 412, 413, 414 & 416 Total Rakba 0.3897 acres of land which has been acquired for the purpose of up-gradation of existing NH-2 Two Lane Road to Six Lane Road as has been ordered by the Court of Additional Collector-cum-Arbitrator Dhanbad (being a competent authority for Land Acquisition under NHAI Act 1956) in Arbitration Case No. 2/2019 vide order dated 09.07.2019 (Annexure-2). The inspection is necessary for determining the quantum of enhanced compensation based on the existing structures/fixtures. (b) For an appropriate order commanding upon the respondent no. 5 to stop/restrain from taking any action of demolition of the structures/fixtures standing over the land appertaining to mouza Jiyalgora, P.S. No. 129, Khata No. 30, Plot No. 412, 413, 414 & 416 Total Rakba 0.3897 acres of land till the exercise of inspection for fair quantification of compensation is completed as per the order passed by the Court of Additional Collector- cum-Arbitrator Dhanbad (being a competent authority for Land Acquisition under NHAI Act 1956) in Arbitration Case No. 2/2019 order dated 09.07.2019 (Annexure-2).” 3. Learned counsel for the petitioner has submitted that the land of the petitioner has been acquired under the provisions of National Highway Authority Act, 1956 and the matter was considered by the court of Additional Collector-cum-Arbitrator, Dhanbad in Arbitration Case No. 2 of 2019. 4. He submits that certain directions were issued by the Arbitrator vide order dated 09.07.2019 for on-the-spot inspection by the District Land Acquisition Officer/NHAI to consider the actual nature of land and valuation was directed to be done at market rate and also of the structure standing on the property. 5. The learned counsel submits that the learned Arbitrator, instead of waiting for the valuation and passing an appropriate order in terms of the quantum of compensation to be paid to the petitioner, has closed the proceedings. 5. The learned counsel submits that the learned Arbitrator, instead of waiting for the valuation and passing an appropriate order in terms of the quantum of compensation to be paid to the petitioner, has closed the proceedings. The learned counsel submits that the valuation was to be done and then the valuation was to be placed before the learned Arbitrator for quantifying the quantum of compensation payable to the petitioner which was to be done after giving an opportunity of hearing to the parties. 6. The learned counsel for the petitioner further submits that pursuant to aforesaid order, certain exercise has been undertaken by the respondents. He submits that the District Land Acquisition Officer has valued the land only and the same has been done at commercial rate and in the valuation itself, it has been mentioned that portion of the land was converted from residential category to commercial category and thereafter, the valuation was done. The learned counsel submits that the land acquired by the respondents has already been demarcated, but the structure which is falling in the acquired land, has not been valued. 7. The learned counsel appearing on behalf of the respondent-State has submitted that though no counter-affidavit has been filed in the present case, but if any structure is falling within the acquired area, then the valuation of the structure is required to be done. He has also submitted that as per the petitioner, there are certain electrical installations and they could constitute movable property which the petitioner is free to take away and valuation is required to be done if the building structure falls within the acquired area. 8. The learned counsel on behalf of the State has further submitted that so far as demarcation of the acquired land is concerned, if the demarcation has not been done by any chance, then the same can still be done and a date may be fixed for the petitioner to appear before the District Land Acquisition Officer for the purposes of valuation of the standing structure over the acquired land which may fall within the demarcated acquired area. He also submits that the aid of the government Amin and the Circle Officer will also be taken to do the needful. 9. He also submits that the aid of the government Amin and the Circle Officer will also be taken to do the needful. 9. The learned counsel appearing on behalf of the respondent-NHAI has submitted that the learned Arbitrator ought not to have closed the proceedings and it is the duty of the learned Arbitrator to quantify the amount of compensation. She also submits that the compensation is to be quantified after hearing both the parties and if any of the parties has any objection with regard to valuation, it is for the learned Arbitrator to adjudicate upon the same and pass an Award. She has also submitted that if the acquired area has any installations or structure standing thereon, the valuation of the same was also required to be done as per the order of the learned Arbitrator. 10. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, it appears that the property of the petitioner has been acquired under National Highway Authority Act, 1956 and the learned Arbitrator closed the proceedings vide order dated 09.07.2019 in Arbitration Case No. 2 of 2019 by giving a direction for valuation of the property including the land as well as structure standing thereon. 11. It further appears that the petitioner initially had a grievance in connection with demarcation of the acquired property and also the valuation of the property and ultimately, as per Annexure-11 dated 11.01.2023 [enclosing the valuation dated 10.01.2023], the valuation of the land has been done though at a commercial rate by indicating that the residential area is to be converted into commercial area. However, from the perusal of the valuation, it appears that no structure has been valued. It is not clear from the records as to whether the structure is falling within the acquired area. However, learned counsel for the petitioner has submitted that the demarcation has already been done and the structure is falling within the acquired area. 12. In aforesaid circumstances, the matter can be resolved, if the petitioner appears before the District Land Acquisition Officer on any date that may be fixed by this Court and the District Land Acquisition Officer does the needful with the help of Circle Officer and Amin. 12. In aforesaid circumstances, the matter can be resolved, if the petitioner appears before the District Land Acquisition Officer on any date that may be fixed by this Court and the District Land Acquisition Officer does the needful with the help of Circle Officer and Amin. If the land has not been demarcated, the same is required to be demarcated and if the structure is falling within the acquired land, the same is required to be valued and with regard to the movables etc., it will be for the petitioner to remove such moveable. 13. At this, learned counsel for the respondent-NHAI has submitted that the respondent no. 5 shall also participate in the process of demarcation/valuation, if any, and they will also appear before the respondent no. 3 for the needful. 14. Accordingly, the petitioner is directed to appear before the respondent no. 3 on 15.05.2023 at 11.00 a.m. The respondent no. 5 shall also appear on the same date and time before the respondent no. 3. 15. Upon appearance of the petitioner and the respondent no. 5, respondent no. 3 shall do the needful for demarcation/valuation in presence of the petitioner and respondent no. 5 with help of government Amin as well as the Circle Officer. 16. The respondent no. 3 shall visit the spot along with the petitioner and respondent no. 5 and ensure that the land acquired is properly demarcated, if not already done and if the structure claimed by the petitioner is falling on the acquired land, appropriate valuation be also done by the respondent no. 3. 17. The valuation report containing that of the land as well as the structure, if any, be forwarded to the learned Arbitrator i.e. respondent no. 4 for needful and it will be open to the parties to raise their objection in connection with the valuation, if any, before the respondent no. 4. After hearing the parties, the respondent no. 4 shall pass an order quantifying the compensation payable to the petitioner if the petitioner is otherwise entitled in law. 18. A preliminary inspection report be prepared on the spot in presence of the petitioner as well as respondent no. 5 and a copy of the same should be handed over to the parties on the spot. The detailed report be thereafter prepared by the respondent no. 18. A preliminary inspection report be prepared on the spot in presence of the petitioner as well as respondent no. 5 and a copy of the same should be handed over to the parties on the spot. The detailed report be thereafter prepared by the respondent no. 3 and be sent to the petitioner through speed post as well as to the respondent no. 5. 19. This writ petition is accordingly disposed of. 20. Pending interlocutory application, if any, is closed. 21. Interim order, if any, stands vacated.