Afroj Jahan v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8133 of 2017 ====================================================== Afroj Jahan wife of Late Nasim Ansari. Resident of Mohalla- Minnat Nagar, Haji Subhan, Police Station- Kotwali, District- Munger. ... ... Petitioner

Versus

1.

The Union Of India 2.

The National High-way Authority of India through its Chairman, Transport Bhawan, New Delhi.

3.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. o 4.

The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

5.

The District Magistrate, Munger.

6.

The Sub- Divisional Officer, Munger.

7.

The District Land Acquisition Officer, Munger. 8.

The Circle Officer, Munger, District- Munger. 9.

The Block Development Officer, Munger, District- Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anamul Haque, B.kumar, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam- Aag12 for NHAI Mr. SN Pathak & Mr. Saurav Nikunj, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and the State.

2. Writ petition has been filed for a direction to the respondents to pay the petitioner compensation for acquisition of her ancestral land utilized in construction of National Highway.

3. State counsel has filed counter affidavit. It has been stated that due to dispute in respect to apportionment; the matter relating to receipt of compensation has been referred to the

Patna High Court CWJC No.8133 of 2017(6) dt.29-01-2024 2/2 Principal Judge, Munger vide letter no 71/LA dated 21.01.2020 and the petitioner can raise her grievance before the Court of Principal Judge, Munger. Section 3G(5) of the NHAI Act empowers the Principal Judge, Munger to pass order in respect to right, title and interest of the petitioner over the land. Petitioner claims that the land mentioned in paragraph 5 of the writ petition is of her ancestors who were in possession of the said land since 1909.

4. However, learned counsel for the petitioner submits that the petitioner would be filing appropriate application before the Court of Principal Judge, Munger for redressal of her grievance.

5. In view of the nature of prayer made by learned counsel for the petitioner, let the petitioner file such application before the Court of Principal Judge, Muner.

6. Writ petition stands disposed of with the aforesaid liberty to the petitioner.

(Prabhat Kumar Singh, J) Shashi U