Anil Kumar Singh And ANR v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10370 of 2018 ====================================================== 1.
Anil Kumar Singh 2.
Lalan Kumar Singh, Both are Sons of late Kedar Singh, resident of VillageManika P.S.- Madanpur District- Aurangabad Bihar. ... ... Petitioners
Versus
1.
The Union Of India 2.
The General Manager Cum Project Director, Project Compliance Unit National Highway Authority of India 3.
The State of Bihar.
4.
The Director, Land Acquisition Bihar, Patna.
5.
The Collector, Aurangabad Bihar.
6.
The District Land Acquisition Officer, Aurangabad Bihar. 7.
The Arbitrator cum Additional Collector, Aurangabad Bihar. 8.
The Competent Authority cum L.R.D.C., Aurangabad Bihar. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar Singh For the Respondent/s :
Mr. Sajid Salim Khan -SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-11-2022 Heard the parties.
Petitioner is directed to file an application before the Competent Authority of Land Acquisition (in short, "CALA") which has been constituted under Section 3(a) of the National Highways Act 1956 by the Central Government within ninety days from today.
The dispute in question has to be referred to the "CALA" i.e. Commissioner-cum-Arbitrator under Section 3G5 of the National Highways Act. The Arbitrator will pass an
Patna High Court CWJC No.10370 of 2018(3) dt.09-11-2022 2/2 appropriate order in accordance with law within six months from today.
In case, the petitioner is aggrieved with the order of Arbitrator, he is at liberty to move before the District Judge, Aurangabad under Section 34 of the Arbitration and Conciliation Act and the District Judge, Aurangabad, will himself hear the matter and he will not transfer the same in the Court of Additional District Judge.
With the aforesaid observations and directions, this writ petition is disposed of.
(Sandeep Kumar, J) Saif/- U