Jagdish Chandra Gupta And ORS v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8143 of 2018 ====================================================== 1.

Jagdish Chandra Gupta S/o Late Shital Sah @ Shital Prasad, 2.

Nand Kishore Prasad, S/o Late Shital Sah @ Shital Prasad, 3.

Om Prakash, S/o Nand Kishore Prasad, 4.

Vikash Kumar Gupta, S/o Late Visheshwar Prasad Gupta, 5.

Suresh Prasad Gupta, S/o Parmeshwar Prasad Gupta, 6.

Ajay Kumar, S/o Parmeshwar Prasad Gupta All resident of Village- Naya Bhojpur, Mauza- Bhojpur Jadid, P.S.- Anchal Dumraon, District- Buxar, Bihar.

... ... Petitioner/s

Versus

1.

The Union Of India through the Principal Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi. 2.

The National Highway Authority of India, through its Chairman-cumSecretary, G-5 and G-6, Sector-10 Dwarika, New Delhi 3.

The State of Bihar through Collector-cum-District Magistrate, District Buxar, State of Bihar.

4.

The District Land Acquisition Officer-cum-Competent Authority of Land Acquisition, Buxar, State of Bihar 5.

The Additional Collector-cum-Arbitrator, District- Buxar, State of Bihar. 6.

The Circle Officer, Anchal Dumraon, District Buxar, State of Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar For the Respondent/s :

Mr.Sajid Salim Khan- SC25 For the NHAI :

Mr. S N Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 05-09-2024 Heard the parties.

2. The petitioners have filed the present writ petition seeking a direction upon the respondents to ensure payment of fair and adequate amount of compensation for acquisition of their lands according to present market value of their acquired

Patna High Court CWJC No.8143 of 2018 dt.05-09-2024 2/2 lands in commercial nature on the basis of existing rate as per Government records. The land of the petitioners were acquired under the project of widening and construction of National Highway No. 84 (NH-84) Patna-Buxar four lane.

3. Learned Advocate for the NHAI submitted that if the petitioners are not satisfied with the compensation, as has been paid to him, the petitioners have remedy available under Section 3-G(5) of the National Highways Act, 1956.

4. In view of the aforesaid facts, this Court thinks it proper to dispose of the writ petition with liberty to the petitioners to approach before the competent authority in terms of Section 3-G(5) of the National Highways Act, 1956.

5. The writ petition stands disposed of with the liberty aforesaid.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 06 .09.2024 Transmission Date