Ramdeo Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1776 of 2024 ====================================================== Ramdeo Prasad Yadav Son of Shankar Yadav, Resident of Village- Giriyak, P.S.- Giriyak, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Revenue and Land Reforms Department, Patna, Bihar, District- Patna. 2.

The Collector-cum-District Magistrate, Nalanda, District- Nalanda. 3.

The District Land Acquisition Officer, Nalanda, District- Nalanda. 4.

The Project Director, National Highway-31, Rajouli Bakhtiyarpur Four Lane Project, Nalanda, District- Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar, Advocate For the NHAI :

Mrs Soni Shrivastava, Advocate For the State :

Mr. GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-05-2024 Heard Mr. Jitendra Kumar, learned counsel for the petitioner and Mrs. Soni Shrivastava as also the learned AC to GP-24.

2. The petitioner has prayed for the following reliefs: (i) for issuance of a writ in the nature of Mandamus commanding and directing the respondents authority for payment of actual compensation amount to the petitioner after revaluation in lieu of Land (Commercial Land) acquired for the

Patna High Court CWJC No.1776 of 2024(2) dt.14-05-2024 2/3 purpose of construction of National Highway-41 for RajauliBakhatyarpur Four Lane Road Project, as per Right to Fair Compensation and Transparency in land Acquisition Rehabilitation and Resettlement Act, 2014 (hereinafter to be referred as 'the Act'), the said land situated at Mauza- Sikandar Kala, Thana No. 355, Khata no. 44, Khesra No. 251 total Rakawa-0.0222 acre and nature of the land is commercial;

(ii) for issuance of an appropriate writ directing and commanding the Respondents to stop the work of construction over the said land till payment of compensation to the petitioner;

(iii) for issuance of any other writ/ writs,order/orders,direction/direction for which the petitioner found entitled to.

Patna High Court CWJC No.1776 of 2024(2) dt.14-05-2024 3/3

3. A counter affidavit of respondent nos. 2 and 3 is on record and they have given their reason in paragraphs 5 to 8.

4. Learned counsel for the petitioner submits that he shall be approaching the appropriate authority/Arbitrator under section 3(G) 5 of the National Highway Authority Act, 1956.

5. Granting such liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Ravi/- U