Md. Miskat Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4862 of 2018 ====================================================== Md. Miskat Ahmad Son of Md. Akhter Hussain, Resident of VillageChampapur, P.O.- Ghoshwari, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

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

3.

The District Magistrate, Patna.

4.

The District Land Acquisition Officer, Patna. 5.

National Highwasys Authority of India (NHAI). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Sinha, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-08-2024 Heard the parties.

2. Petitioner is aggrieved by the orders as contained in Memo No.1677 dated 13.10.2024 issued under the signature of District Land Acquisition Officer, Patna whereby as per the assertion made by the petitioner a wrong finding has been given that only 0.1352184 acres and 0.029912 acres of land has been acquired and payment of compensation against these lands have been given and the rest of the land is in possession of the petitioner. However, the fact is that out of 67 decimal of land, the petitioner owned and possessed 51 decimal which has been acquired and a four lane road has been constructed. The

Patna High Court CWJC No.4862 of 2018(3) dt.22-08-2024 2/2 petitioner thus, prays for full compensation of the total land having an area of 51 decimal belonging to the petitioner.

3. It is the admitted fact that the Land Acquisition Case No.85 of 2013-14 was initiated and after acquisition of the land award has been accorded in favour of the petitioner as has been duly mentioned in Paragraph No.10 of the writ petition.

4. If the petitioner has any grievance with regard to the measurement of the land or computation of compensation or its non-payment, the petitioner has statutory remedy available under Section 3G(5) under the National Highways Act, 1956.

5. In view thereof, the writ petition stands disposed off with the liberty aforesaid.

(Harish Kumar, J) durgesh/- U