Mitra Nand Pandit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18229 of 2016 ====================================================== Mitra Nand Pandit Son of Late Rajeshwari Narain residing at village - Nouruo, P.S. Parasbigha, District - Jehanabad ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Land Acquisition, Government of Bihar, Patna 3.

The District Magistrate, Jehanabad 4.

The District Land Acquisition officer, Jehanabad 5.

The Additional Collector - Cum - Arbitrator, Jehanabad 6.

The Project Director, National Highway Authority of India Project Implementation Unit, Gaya , Hou ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nikhil Singh, Advocate For NHAI :

Mr. Kumar Gautam, Advocate For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2025 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) for issuance of a writ in the nature of certiorari to quash the order dated 12.09.2016 passed by Respondent No. 5 in Arbitration Case No. 171/2015-16 contained in Annexure-II whereby the claim of petitioner under section 3G(5) of the National Highways Act, 1956 has been rejected and for issuance of appropriate order or direction for directing the respondents to pay compensation for the

Patna High Court CWJC No.18229 of 2016(2) dt.19-08-2025 2/2 land described in paragraph 3 of this application according to the present commercial market rate over which 4/6 lane NH-83 is being constructed by Respondent No. 6 and for issuance of a writ/order/direction for which the petitioner may be found legally entitled to under the facts and circumstances of this application.

3. Learned counsel for the petitioner at the outset submits that under section 36 of the Arbitration and Conciliation Act, 1996, he shall be approaching the competent Civil Court for the redressal of the grievance but there has been some delay.

4. If the petition is preferred in next four weeks, the concerned Court shall take into account the fact that the matter was pending before this Court for nine years while dealing with the limitation petition.

5. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U