Jaikishun Singh v. The National Highway Authority And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18021 of 2017 ====================================================== Jaikishun Singh son of Late Rambachan Singh, resident of Village- Kulhariya, P.S.- Koilwar, District- Bhojpur Ara.

... ... 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.

5.

The Addl. Collector, Bhojpur at Ara.

6.

The Land Reform District Collector, Bhojpur at Ara. 7.

The District Land Acquisition Officer, Bhojpur at Ara. 8.

The Sub- Divisional Magistrate cum Addl. Land Acquisition Bhojpur at Ara. 9.

The Circle Officer, Koilwar Circle, Koilwar, District- Bhojpur. 10.

The Circle Inspector, Koilwar Circle, Koilwar, District- Bhojpur. 11.

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 For NHAI :

Mr. Kumar Goutam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-06-2025 Heard the parties.

2. The present writ petition has been preferred for the following relief(s):

(i) for the quashing of entire land acquisition proceeding by which land is being acquired for the wideness (Four lane) of National Highway 30 and NH-84 from Patna to Buxar in non compliance of the provision as laid down u/s. 3-C after

Patna High Court CWJC No.18021 of 2017(2) dt.17-06-2025 2/3 publication of notification under section 3-A of the National Highway Act 1956.

(ii) further quashing of the entire proceeding in non compliance of the provision as laid down u/s. 3-G of the National Highway Act 1956.

(iii) for quashing of the entire proceeding also on the ground of, arbiterness in exercising the power by the State Government authorities as power referred and specified u/s. 5 & 6 of national High way Act 1956.

(iv) to declare the quantum of award is invalid and illegal, determined without being heard the claim of the petitioner as provision laid down in Subclause-3 of the section 3-G of the National Highway Act 1956.

(v) that after quashing of the entire proceeding, a direction be given to the respondents, to initiate a fresh proceeding for the land in question and to determine the award accordance with law or a direction be given to the respondents determine to award the calculate and of land in question at the rate of the market value as land of the Petitioner comes within the categorically commercial, industrial or residential land, after hearing the claim of the petitioner.

(vi.) any other relief/ reliefs be

Patna High Court CWJC No.18021 of 2017(2) dt.17-06-2025 3/3 granted to the petitioner as so entitled in eye of law.

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. (Rajiv Roy, J) Vijay Singh/- U