Sanjay Kumar Kusum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3272 of 2023 ====================================================== 1.

Sanjay Kumar Kusum S/o Late Sakhichand Mandal, Resident of VillageKanjhiya, P.S.- Nathnagar, District- Bhagalpur. 2.

Ajay Kumar Singh S/o Late Sakhichand Mandal, Resident of VillageKanjhiya, P.S.- Nathnagar, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

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

3.

The Director, Land Acquisition, Govt. of Bihar, Patna. 4.

The Commissioner, Bhagalpur Division, Bhagalpur. 5.

The District Magistrate, Bhagalpur.

6.

The District Land Acquisition Officer, Bhagalpur. 7.

The Block Develoment Officer, Nathnagar, District- Bhagalpur. 8.

The Divisional Commissioner, the National Highway Division, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Swapnil Kumar Singh, Advocate For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners is directed to add NHAI as respondent in course of the day.

2. Learned counsel for the petitioners has filed the present writ petition directing the respondent to pay the adequate compensation as per the Government notification and rule fixed under Minimum Value Rate by the Government of

Patna High Court CWJC No.3272 of 2023(2) dt.20-07-2023 2/2 Bihar.

3. Learned counsel for the petitioners submits that the petitioners have received the compensation amount with objection. He also submits that their land was acquired for the construction of four lane road at NH 80.

4. It has been submitted by the counsel for the State and counsel for the NHAI that since remedy lies of the petitioners against the grievances is before Arbitrator-cumDivisional Commissioner, Bhagalpur under Section 3G(5) of the National Highways Act, 1956 [Act No. 48 of 1956].

5. In that view of the matter, this writ petition is disposed off directing the petitioners to avail their remedy under the aforesaid provision of law before the Arbitrator-cumDivisional Commissioner, Bhagalpur. (Dr. Anshuman, J.) ravishankar/- U