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Patna High CourtCWJC/13639/2017disposed

Kailash Mahto v. National Highways Authority Of India, New Delhi And ORS

2025-04-29Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13639 of 2017 ====================================================== Kailash Mahto Son of Late Banshi Mahto, Resident of Village- Dayali Bigha, P.O.- Keoti, P.S.- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

National Highways Authority Of India, New Delhi and Ors 2.

Director, National Highways Authority of India, New Delhi. 3.

Project Director, National Highways Authority of India, Munger. 4.

Competent Authority-cum-District Land Acquisition Officer, Sheikhpura, Bihar.

5.

The State of Bihar through the District Magistrate, Sheikhpura, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Malendu, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam -Aag12 Mrs. Nutan Sahay, AC to AAG-12 For NHAI :

Mr. Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-04-2025 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) directing the Respondents-authorities to pay the amount of compensation to the petitioner as per the Valuation of the land/house as contained in report dated 21.07.2016 (Anx-3) on account of being acquired for construction of National Highways No. 82 (Biharshariff -Barbhiga-Mokamaha Section) as published in Extra Ordinary Gazette of India on 30.10.2015 and published in

Patna High Court CWJC No.13639 of 2017(2) dt.29-04-2025 2/2 'Prabhat Khabar', Patna Edition a Hindi daily on 13.05 2016 (Anx-1) of Mouza Keoti in the district Sheikhpura;

(ii) directing the Respondents to apply provisions of rehabilitation and resettlement as envisaged u/s 31 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013.

3. The counter affidavits have come in the matter where it has been recorded that the land in question is stand as "Gairmazarua Garha".

4. The copy was served to the learned counsel for the petitioner and there is no reply to it.

5. Learned counsel for the petitioner submits that it will suffice if he is allowed to approach the appropriate authority.

6. Granting said liberty and without commenting on the merit of the case, the writ petition stands disposed of (Rajiv Roy, J) Ravi/- U