Patna High CourtCWJC/1381/2019disposed

Balchand Pansari v. The Union Of India And ORS

2019-01-23Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1381 of 2019 ====================================================== Balchand Pansari, S/o Late Joharmal Pansari, Resident of Ward No.07, Lalganj Murli, P.S. Kishanpur, Dist.-Supaul ... ... Petitioner/s

Versus

1. The Union Of India through the Secretary Ministry of Road Transport Highways and Shipping Govt. of India, New Delhi

2. The Regional Officer, National Highway Authority of India, D-63, 2nd floor, Sri Krishnapuri, Rajesh Kumar Path, Patna-800001

3. The Project Director, N.H.A.I., Projrect Implementation Unit, Darbhanga, House of S.N. Mishra, Ward No.10, Professor Colony, Dighee, West Darbhanga, Bihar-846004

4. The State of Bihar through the District Collector, Supaul

5. The Competent Authority Cum District Land Acquisition Officer, Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Ranjan Kumar For the Respondent/s :

Mr. Raj Kishore Ray, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-01-2019 The petitioner seeks direction to the respondents to re-assess market value of the land of the petitioner, which has been acquired by the respondents.

The petitioner has a remedy of approaching the Arbitrator under Section 3G(5) of the National Highway Act, 1956, which, he has, admittedly, not availed. There is no clue whether the petitioner has ever approached the Arbitrator with the plea that the amount determined by the competent authority was not acceptable to him.

This writ application, in such circumstance, at this

Patna High Court CWJC No.1381 of 2019(2) dt.23-01-2019 2/2 stage, cannot be entertained.

The petitioner shall be at liberty to approach the Arbitrator for the relief which the petitioner is claiming and the Arbitrator may decide the petitioner's claim if the same is found to be maintainable under the said provision.

This application stands disposed of with the observation aforesaid.

(Chakradhari Sharan Singh, J.) ragini/- U √