Shivnath Yadav v. The National Highway Authority Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4357 of 2018 ====================================================== Shivnath Yadav S/o Late Chamru Yadav, Resident of Village- Madanpur Tola, Shiv Rampur, P.O. P.S.- Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The National Highway Authority Of India 2.

The National Highway Authority of India, Dhanbad Zone, Jharkhand. 3.

The District Magistrate, Cum Collector, Aurangabad. 4.

The Land Reform Deputy Collector, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the State :

Mrs. Nutan Sahay, AC to AAG-12 For the NHAI :

Mr. Saket Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-01-2026 Heard the parties.

2. The present petition has been preferred for the grant of following relief(s):

"(i) for quashing of the order dated 01.08.2017 passed by the Arbitrator cum Additional Collector, Aurangabad vide L.A. Case No. 160/16-17 whereby and where under the respondents had not been ready to give the commercial rate to acquire land of the petitioner by the National Highway Authority of India for making six lane and the nature of the acquire land is commercial but the compensation amount has been fixed on basis of the Agriculture rate. (ii) for respondents to determined and of give that appropriate compensation to the

Patna High Court CWJC No.4357 of 2018(2) dt.20-01-2026 2/2 petitioner on the basis of commercial rate for his about 10.822 decimals land of Khata No. 225, Plot No. 1792 of Mauza-Madanpur, Thana No 785 in the district of Aurangabad which is going to be acquired by the National Highway Authority for purpose of making six lane of N.H.-2 (G.T.) road from Kolkata to Delhi and also pray to change the nature of the acquire land from agricultural to commercial and the competent authority may directed to make the payment of the acquire land on the basis of commercial.

And/or for any of the appropriate relief(s) to the petitioner for which he may be found entitled to in the eye of law."

3. After some argument, learned counsel for the petitioner submits that he shall be approaching the Land Acquisition Rehabilitation and Resettlement Authority

4. Granting said liberty, the writ petition is disposed of.

(Rajiv Roy, J) vinayak/- U