Dhananjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.674 of 2022 ====================================================== Dhananjay Yadav Son of Late Ashik Lal Yadav Resident of Village and P.O. - Mali, P.S. - Beldaur, District- Khagaria.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.
3.
The Divisional Commissioner, Munger Division Munger. 4.
The Engineer - in - Chief - cum- Secretary National Highway Bihar, Patna. 5.
The District Magistrate, Khagaria.
6.
The Executive Engineer, National Highway Division, Road Construction Department, Khagaria.
7.
The Sub- Divisional Officer, Gogri, District- Khagaria. 8.
The District Land Acquisition Officer, Khagaria. 9.
The District Land Acquisition Officer, Munger. 10.
The Additional Collector, Munger.
11.
The Circle Officer, Beldaur, P.S. - Beldaur, District- Khagaria. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arghesh Kumar, Adv.
For the Respondent/s :
Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 31-03-2022 Heard the parties.
The case is being taken up from defect side.
Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from
Patna High Court CWJC No.674 of 2022(2) dt.31-03-2022 2/3 today.
In the writ petition, the petitioner has prayed as under:- "That this application is for issuance of a writ or writs, order/orders, direction or directions and thereby to direct the Respondent Authorities either to release the land of the petitioner in his favour forthwith or pay the necessary and adequate compensation under Land Acquisition Act with interest from the day the Respondent Authorities have took possession over the same."
Admittedly, the remedy lies in filling of an application before Arbitrator in terms of Section 3 G (5) of the Act of 1956, if a person aggrieved on the adequacy of compensation or otherwise.
Keeping in view the provisions under Section 3 G (5) of the Act of 1956, this Court deem it appropriate to allow the petitioner to approach the concerned Commissioner, who acts as an
Patna High Court CWJC No.674 of 2022(2) dt.31-03-2022 3/3 Arbitrator for matters relating to NHAI, for claiming the interest amount or any additional amount, if he may choose.
Considering the aforesaid the writ petition is dismissed with the liberty aforesaid.
(Sanjeev Prakash Sharma, J) pravinkumar/- U