Raju Saw v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15532 of 2018 ====================================================== Arjun Prasad Son of Yodhi Yadav R/V-Ore, P.S. Belaganj, District-Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar through Collector, Gaya 2.

The District Land Acquisition Officer, Gaya 3.

Project Manager, NH Authority Implementing Unit, Gaya ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 14989 of 2018 ====================================================== Raju Saw Son of Pacchu Saw R/v-ore PS-Belaganj Dis-Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Collector, Gaya 2.

The District Land Acquisition Officer, Gaya.

3.

Project Manager, NH. Authority Implementing Unit, Gaya. ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 15532 of 2018) For the Petitioner/s :

Mr. Nagendra Sharma, Advocate For the State :

Mr. Sajid Salim Khan (SC-25), Sr. Advocate For the Resp. no.3 :

Mr. Mr. Dr. Maurya Vijay Chandra, Advocate Ms. Preety Ranjan, Advocate (In Civil Writ Jurisdiction Case No. 14989 of 2018) For the Petitioner/s :

Mr. Nagendra Sharma, Advocate For the State :

Mrs. Nutan Sahay (AC to AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-01-2025 Heard Learned Counsel for the petitioners, Learned Senior Counsel for the State and Learned Counsel for Respondent no.3 in both the cases.

2. The present writ petition has been filed for directing the respondent authorities to refund the reduce amount

Patna High Court CWJC No.15532 of 2018(3) dt.28-01-2025 2/3 of the house of the petitioners which is going to be demolished in extension of NH-83 at Ore, Belaganj (Gaya).

3. Learned Counsel for the petitioners submits that the authority concerned has initially prepared the award at higher value, but subsequently, not paid the said amount, rather, paid the lesser amount which was fixed earlier. Therefore, he submits that authority has no power to initially fix the higher amount and subsequently, fix the lower amount. Counsel further submits that petitioners are poor persons and they are unaware about the intricacies of law, and therefore, directly moved before this Hon'ble Court praying that the amount which was earlier fixed be provided to the petitioners. In this regard, petitioners have filed representation before the District Land Acquisition Officer, Gaya and prays that D.L.A.O, Gaya be directed to pass order afresh completely in accordance with law following the principles laid down under section 33 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act no.30 of 2013).

4. Learned Senior Counsel for the State on the other hand submits that whatever be the argument made by the Counsel for the petitioners is not on record and he has orally observed. There is nothing on record by virtue of which he can

Patna High Court CWJC No.15532 of 2018(3) dt.28-01-2025 3/3 show that earlier, higher amount has been fixed and later on, lesser amount has been fixed. But on the other hand, Senior Counsel submits that whatsoever amount be fixed by the competent authority under the National Highways Act, 1956 (Act no.48 of 1956) (hereinafter referred to as 'Act of 1956') that can be challenged under section 3-G (5) of the Act of 1956 by either of the parties according to whom, the said amount was not acceptable.

5. In the light of the submissions made by the parties, this Court hereby grants liberty to the petitioners to move before the Arbitrator-cum-Commissioner under section 3-G (5) of the Act of 1956 within 60 days from the date of passing of this order and Commissioner is directed to pass a reasoned and speaking order hearing both the parties considering all the points which the petitioners shall raise before him along with the order passed by this Court.

6. Accordingly, with the aforesaid direction, both the writ petitions are hereby disposed off.

(Dr. Anshuman, J) Divyansh/- U