Bindhyachal Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13160 of 2017 ====================================================== Bindhyachal Singh Son of Late Dashrath Singh, resident of Village- Pirauta, P.S.- Nabinagar and District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Aurangabad.

3.

The Additional Collector cum Arbitrator, Aurangabad. 4.

The Deputy Collector Land Reform, cum the Competent authority, Aurangabad.

5.

The Chief General Manager National High Way II, Aurangabad. 6.

The Project Director, P.I.U., N.H.A.I. Varanasi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Verma, Advocate For the Respondent/s :

Mr.Dhurjati Kumar Prasad, GP-14 For NHAI :

Mr. Sanat Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2025 Heard Mr. Anirudh Kumar Verma, learned counsel for the petitioner, the State as also learned counsel for the NHAI.

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

(i) for quashing the awarded dated 12.3.2016 passed under "Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which is amended award dated

Patna High Court CWJC No.13160 of 2017(4) dt.16-09-2025 2/3 15.06.2012 under section 3G of the National Highway Act, 1956 under Gazette notification dated 8.12.2010 without following mandatory requirements under section 24(2) of the RFCTLARR Act, 2013 and further for directing to the concerned authority for making payment of compensation for the land acquired appertaining to khata no. 41 and Plot no. 28 of the same village which notification has not been issued after following mandatory requirements.

3. A counter affidavit has come on behalf of respondent nos. 2 to 4 in which it has been recorded that the petitioner has received Rs. 1,18,172/- as revised compensation beside Rs. 54,172/- that was earlier paid. This relates to Khata No. 41, Khesra No. 27, area 98 sq. meter.

4. So far as Khesra No. 28 is concerned, learned counsel for the NHAI has taken this Court to the gazette notification to show that the same is government land.

5. In that background, learned counsel for the petitioner submits that he may be permitted to agitate the matter

Patna High Court CWJC No.13160 of 2017(4) dt.16-09-2025 3/3 before an appropriate authority/competent Civil Court to determine their ownership on the land in question (khesra no. 28).

6. So far as the grievance regarding Khesra No.27 which the petitioner claims still exist, they are free to approach the appropriate authority for the redressal of the said grievance.

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