Mahrajo Devi v. The National Highway Authority And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19049 of 2017 ====================================================== Mahrajo Devi Wife of Late Sarju Prasad Singh, Resident of VillageKulhariya, P.S.- Koilwar, District- Bhojpur. ... ... Petitioner/s
Versus
1.
The National Highway Authority and Ors 2.
The State of Bihar, through the Chief Secretary, Govt. of Bihar. 3.
The Commissioner, Patna.
4.
The Collector, Bhojpur at Ara cum District Land Acquisition, Officer, Bhojpur at Ara.
5.
The Addl. Collector, Bhojpur at Ara.
6.
The Land Reform District Collector, Bhojpur at Ara. 7.
The Sub-Divisional Magistrate cum Addl. Land Acquisition Bhojpur at Ara. 8.
The Circle Officer, Koilwar Circle, Koilwar, District- Bhojpur. 9.
The Circle Inspector, Koilwar Circle, Koilwar, District- Bhojpur. 10.
The Halka Karamchari, Koilwar Circle, Koilwar, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamlesh Kumar, Adv.
For the Respondent/s :
Mr. Md. Khurshid Alam - Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2025 Heard the parties.
2. The present writ petition has been preferred for the following relief(s):
(i) To be declared the quantum of award dated 13.12.2016 passed in L.A. Case No.53/2010-11 by the Collector District Land Acquisition Officer Bhojpur at Ara (respondent No. 4) in land Acquisition proceeding for the wideness NH-30 and 84 is illegal, invalid and ground the on of
2/4 violative of Principle of Natural Justice.
(ii) The quantum of award has been passed without following the procedure is laid down in Sub-clause-3 of the Section 3-G of the National Highway 1956.
(iii) To declare that the entire land acquisition proceeding is lapsed in view of the section 24 of the New 2013 as the Right to fair compensation and Transpirancy in land acquisition Rehabilitation resettlement Act 2013, hereinafter short regard as R.F.C.T. LARR Act 2018.
(iv) To declare that the award is illegal which is passed without disposal of the representation dated 23.01.2017 filed by the petitioner.
(v) Any other relief/ reliefs be granted to the petitioner as so he is entitled in eye of law.
3. Learned counsel for the petitioner has taken this Court to an order of Jaikishun Singh Vs. NHAI (CWJC No. 18021 of 2017) disposed of on 17.06.2025 and submits that he is also ready to approach the Competent Civil Court.
4. The said order in Jaikishun Singh (supra), in paragraphs 3 to 6 record as follows:
3. Learned counsel for the petitioner has taken this Court to an order of Jaikishun Singh Vs. NHAI (CWJC No. 18021
3/4 of 2017) disposed of on 17.06.2025 and submits that he is also ready to approach the Competent Civil Court.
4. The said order in Jaikishun singh (supra), in paragraph 3 to 6 record as follows:
3. At the outset, learned counsel for the petitioner submits that he shall be satisfied if the competent authority/Court takes notice of the grievance and pass an appropriate order.
4. She has taken this Court to an order of Arun Kumar Singh Vs. NHAI (CWJC No. 11405 of 2017) in support of her case.
5. Learned State Counsel has no objection to the petitioner approaching the appropriate authority/Court.
6. In that background and taking note of the orders as mentioned by the learned counsel for the petitioner, granting said liberty, the writ petition stands disposed of.
5. In that background, the same order is extended in favour of the petitioner.
6. Learned counsel for the petitioner submits that he shall be satisfied if the competent authority/Court takes notice of his grievance and pass an appropriate order.
4/4
7. Learned State Counsel has no objection to the petitioner approaching the appropriate authority/Court.
8. In that background and taking note of the orders as mentioned by the learned counsel for the petitioner, granting said liberty, the writ petition stands disposed of. (Rajiv Roy, J) Vijay Singh/- U