Mahesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3273 of 2023 ====================================================== Mahesh Prasad Singh S/o Late Rajendra Singh The 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 Development Officer, Nathnagar, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Swapnil Kumar Singh, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha, (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the amount of compensation of the petitioner has acquired for the purpose of construction of NH-80, which has been provided at lower rate.

3. In this regard, counsel for the State submits that the compensation for land has been made for the purpose of construction of National Highway under the National Highways Act, 1956, [48 of 1956] (hereinafter referred to as 'the Act of

Patna High Court CWJC No.3273 of 2023(2) dt.25-09-2023 2/2 1956'). The petitioner is dissatisfied from the compensation amount. In this regard, he has liberty to move before the Arbitrator under Section 3G(5) of the Act of 1956.

4. In this view of the matter, the present writ application is disposed of directing the petitioner to raise his grievances before the Arbitrator under Section 3G(5) of the Act of 1956.

5. Upon filing the application, the Arbitrator shall decide the application filed by the petitioner in accordance with law and also follow the principles laid down under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Act No. 30 of 2013] within nine months after hearing all the concerned. (Dr. Anshuman, J.) sadique/- U