Ram Chandra Poorvey v. The National Highways Authority Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3218 of 2019 ====================================================== Ram Chandra Poorvey Son of Sundar Poorvey Resident of Village- Sangram, P.S.- Jhanjharpur, District- Madhubani ... ... Petitioner

Versus

1. The National Highways Authority of India through the Regional Officer N.H.A.I. Patna

2. The District Collector, Madhubani

3. The Land Acquisition Officer cum Addl. Collector, Madhubani

4. The Arbitrator cum Addl. Collector, Madhubani

5. The Project Director N.H.A. Madhubani, District Madhubani ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Gagan Deo Yadav For the Respondent State:

Ms. Prakritita Sharma, AC to SC-25 For the UoI :

Mr. S.N.Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-02-2019 The sole grievance of the petitioner is that though his land with house had been acquired for the purpose of widening of National Highway-57 and the amount payable to him had been calculated as 5,79,229.00, the same has yet not been paid. Reliance is being placed on Annexure-1 to the writ application, which is dated 12.05.2011, which shows determination of the compensation amount and notice to the petitioner to collect the said amount. I do not find any reason available in the pleadings as to what prevented the petitioner from approaching this Court earlier.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is claiming neither any interest

Patna High Court CWJC No.3218 of 2019(2) dt.20-02-2019 2/2 on the said amount nor payment on a different rate as contemplated under the new Act, i.e., Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner wants the said amount of Rs.5,79,229.00 only, which was determined in 2011 itself. The petitioner also claims that he has approached the District Magistrate, Madhubani, in this regard. In the peculiar facts and circumstances, without going into the question of delay and laches, this application is disposed of with a direction to the District Magistrate, Madhubani, to examine the petitioner's claim and if the said amount is found not to have been paid so far, take steps for payment of the amount without any further loss of time, if the petitioner is found entitled to the amount.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U