Yogendra Swarnkar @ Yoganand Swarnkar v. The National Highway Authority Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14293 of 2016 ====================================================== Yogendra Swarnkar @ Yoganand Swarnkar son of Kalanand Swarnkar resident of Village-Kasba, P.S.- Kasba, District- Purnea ... ... Petitioner/s

Versus

1.

The National Highway Authority Of India 2.

The Project Director, National Highway Authority of India P.IU., Purnea 3.

The State of Bihar through its Divisional Commissioner, Purnea Division, Purnea 4.

The District Magistrate, Purnia 5.

The Competent Authority cum the District Land Acquisition Officer Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Anand For the Respondent/s :

Mr.Raj Kishore Roy- Gp18 For the NHAI :

Mr. Rajesh Kumar Shandilya, Advocate Ms. Ankita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-07-2025 Heard the parties.

2. The present petition has been preferred for grant of the following relief(s):- "(i) For issuance of an appropriate writ directing and commanding the respondents to calculate the compensation amount for the 2.5 Decimal land of the petitioner and his brother pertaining to Khata no. 198, Plot no. 235, Thana no. 244 of MouzaFatehpur, Circle - Kasba, DistrictPurnea according to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition,

Patna High Court CWJC No.14293 of 2016(2) dt.29-07-2025 2/3 Rehabilitation and Resettlement Act, 2013 and to pay the same to the petitioner and his brother immediately with all consequential benefits including interest for the delayed payment of the compensation /cost for the said land.

(ii) For issuance of an appropriate writ directing and commanding the respondents to pay the petitioner and his brother the Consequential compensation/cost at the present rate with all consequential benefits for the rest part of the land of the petitioner and his brother i.e. for 2.5 Decimal of the land pertaining to Khata no. 198, Plot no. 235, Thana no. 244 of Mouza Fatehpur, Circle Kasba, in the District of Purnea.

(iii) For any other relief/reliefs of which the petitioner is legally entitled to."

3. The counter affidavit of respondent no. 5 is on record, according to which the petitioner has been paid the compensation for the acquisitions that was made, but the same has not been challenged before any Arbitrator.

4. Learned counsel for the petitioner submits that he still has some grievance but since the counter affidavit has come he shall be approaching the appropriate authority (respondent no. 3) in next four weeks. Learned counsel further submits that

Patna High Court CWJC No.14293 of 2016(2) dt.29-07-2025 3/3 earlier a petition was already since but no order has been passed, he shall be again filing afresh writ petition.

5. Learned State counsel has no objection.

6. In that background, though this Court is convinced that the petitioner has received the compensation allowing him to agitate the matter, if he so want, the writ petition is disposed of.

(Rajiv Roy, J) Ankit Kumar/- U