RANCHI, India, March 28 -- Jharkhand High Court issued the following order on Feb. 25:

1. Heard the parties.

2. The present writ petition has been filed for the following relief:-

"That, by way of this writ application, the petitioner prays before this Court for issuance of an appropriate writ/writs, order/ orders, direction/directions or a writ in the Mandamus commanding and directing upon the concerned respondents to enhance the awarded amount of Rs.9,52849.06 (Rupees nine lacs fifty two thousand eight hundred forty nine) for the land of the petitioner appertaining to Sabik Khata no.106, Sabik Plot no.1989, new Khata no.132, new plot no.2772, area 32.75 decimals, Mouza no.294 under Mouza-Latani which has been acquired for the purpose of construction of the National Highway No.419 from Govindpur to Sahibganj, as the market rate of the said land is too much high but the petitioner has been paid an amount of Rs.9,52849.06 (Rupees nine lacs fifty two thousand eight hundred forty nine) only which is wholly illegal, malafide and not sustainable in the eye of law which requires interference of this Hon'ble Court."

3. Learned counsel for the State has opposed the above prayer citing operating law in the field i.e. Section 3G(5) of the National Highways Act, 1956 which reads as under:-

"Section 3G(5)-If the amount determined by the competent authority under sub-section

(1) or sub-section

(2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government."

4. Thus, there is specific provision made by the parliament for claim as sought in the present writ petition.

5. In that view of the matter, the present writ petition stands disposed of giving liberty to the petitioner to approach the competent authority for reference.

6. If any such application is made, the competent authority is directed to decide the same in accordance with law.

7. With above observation and direction, the present writ petition stands disposed of.

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