Nand Lal Prasad Singh v. National Highways Aurhotiry Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13441 of 2017 ====================================================== Nand Lal Prasad Singh Son of Late Gajo Mahto, Resident of Village- Dayali Bigha, P.O.- Keoti, P.S.- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

National Highways Aurhotiry Of India 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 For the Respondent/s :

Mr.S.C.Yadav-Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2024 Heard the parties.

2. That this is a petition for issuance of writ/ order or direction in the nature of mandamus for the following reliefs:- 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 21.07.2017 (Annexure-3) on account of being acquired for construction of National Highways No. 82 (Biharshariff- Barbhiga-

Patna High Court CWJC No.13441 of 2017(2) dt.15-04-2024 2/3 Mokamaha Section) as published in Extra Ordinary Gazette of India on 30.10.2015 and published in Prabhat Khabar. Patna Edition a Hindi daily on 13.05 2016 (Annexure-1) of Mouza Keoti in the district Sheikhpura.

II. Directing the Respondents to apply provisions of rehabilitation and resettlement as envisaged under Section 31 of The Right to Fair Compensation and Transparency in Land Acquisition. Rehabilitation and Resettlement Act, 2013 (in short the Act 2013).

III. Any other relief and reliefs for which the petitioner may be found entitled to.

3. A counter affidavit has been filed in the year 2018 on behalf of the respondent, District Land Acquisition Officer, Sheikhpura and as per paragraph-7, the Plot No. 1900 has been shown as Gairmajrua Aam Garha in the Khatiyan.

4. Copy of the reply was served upon learned counsel for the petitioner on 26.04.2018 and 6 years later, there is no such rebuttal.

Patna High Court CWJC No.13441 of 2017(2) dt.15-04-2024 3/3

5. Learned counsel for the petitioner simply wants its disposal of the writ petition with liberty to agitate the matter.

6. Such liberty is always available to a citizen much less the petitioner.

7. The writ petition stand disposed of.

(Rajiv Roy, J) Guddu/- U