Janardhan Prasad Singh v. The National Highway Authority And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18394 of 2017 ====================================================== Janardhan Prasad Singh Son of late Baiju Singh Resident of Village Kulhariya, P.S. Koilwar, District- BhojpurAra. ... ... Petitioner/s
Versus
1.
The National Highway Authority 2.
The State of Bihar, through the Chief Secretary Govt. of Bihar. 3.
The Commissioner, Patna.
4.
The Collector, Bhojpur at Ara Cum District Land Acquisition, Officer, Bhojpur at Ara.
5.
The Addl. Collector, Bhojpur at Ara.
6.
The Land Reform District Collector, Bhojpur at Ara. 7.
The Sub-Divisional Magistrate Cum Addl. Land Acquisition Bhojpur at Ara. 8.
The Circle officer, Koilwar Circle, Koilwar, District- Bhojpur. 9.
The Circle Inspector, Koilwar Circle , Koilwar, District Bhojpur. 10.
The Halka Karamchari, Koilwar Circle, Koilwar, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamlesh Kumar, Advocate :
Ms. Kahkashan Alam, Advocate For the Respondent/s :
Mr. Raj Kishore Roy, GP-18 For the NHAI :
Mr. Kumar Goutam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-06-2025 Heard Ms. Kahkashan Alam, learned counsel for the petitioner and learned counsel representing the State as also Mr. Kumar Gautam, learned counsel representing the NHAI.
2. The present petition has been preferred for the grant of following relief(s):
(i) To be declared the quantum of award dated 08.01.2017 passed in L.A. case No. 54/2010-11 by the Collector cum District Land Acquisition
Patna High Court CWJC No.18394 of 2017(2) dt.23-06-2025 2/3 Officer, Bhojpur at Ara (Respondent No. 4) in Land Acquisition proceeding for the wideness NH-30 and 84 is illegal, invalid and on the ground of violative of principle of Natural Justice.
(ii) The quantum of award has been passed without following the procedure as laid down in sub-clause 3 of the section 3-G of the National Highway Act 1956.
(iii) To declare that the entire land acquisition proceeding is lapsed in view of the section 24 of the New 2013 Act, as the Right to fair compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, hereinafter short regard as R.F.C.T. LARRA Act 2013.
(iv) To declare that the award is illegal which is passed without disposal of the representation dated 23.01.2017 filed by the petitioner.
(v) Any other relief/reliefs be granted to the petitioner as so he is entitled in eye of law.
3. Learned counsel for the petitioner submits that the
Patna High Court CWJC No.18394 of 2017(2) dt.23-06-2025 3/3 petitioner shall be satisfied if the competent authority/Court takes notice of the grievance and pass an appropriate order.
4. She has taken this Court to an order of Arun Kumar Sing vs. NHAI (CWJC No. 11405 of 2017) in support of her case.
5. Learned State counsel has no objection to the petitioner approaching the appropriate authority/Court.
6. In that background and taking note of the orders as mentioned by the learned counsel for the petitioner, granting said liberty, the writ petition stands disposed of. (Rajiv Roy, J) vinayak/- U