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Patna High CourtCWJC/15299/2018disposed

Baljeet Kumar v. The National Highways Authority Of India Ministry Of Road Transport And Highways And ORS

2019-04-23Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15299 of 2018 ====================================================== Baljeet Kumar Son of Prem shankar Rai@ Prem Shankar Singh Resident of Village- Bheriya, Police Station- Dehri, District- Rohtash. ... ... Petitioner/s

Versus

1.

The National Highways Authority Of India Ministry Of Road Transport And Highways and Ors 2.

The Project Director, National Highways Authority of India, PIU- Sasaram. 3.

The State of Bihar through the Commissioner, Patna Division, Patna. 4.

The Collector, Rohtas at Sasaram.

5.

The Competent Authority-cum-District Land Acquisition Officer, Rohtas, Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Singh For the Respondent/s :

Mr.S.C.Yadav -GP-15 For NHAI : Mr. S.N. Pathak, ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-04-2019 Following is the relief(s), which the petitioner is seeking:- "I. For issuance of an appropriate writ, order/direction preferably in the nature of Certiorari for setting aside the Letter No. 1573 dated 30.05.2018 issued under the signature of the Project Director, National Highways Authorities of India, whereby and whereunder the National Highways Authority of India has refused to re-assess the structure of the building of the petitioner for

Patna High Court CWJC No.15299 of 2018(2) dt.23-04-2019 2/2 compensation."

The petitioner's land with certain structures have been acquired under the provisions of National Highways Act, 1956. The petitioner is not satisfied with the determination of amount of compensation and accordingly this application has been filed seeking aforementioned relief. The petitioner is said to have filed an objection to the competent authority-cum-District Land Acquisition Officer, Sasaram.

In my view, the petitioner has remedy under Section 3-G(5) of the National Highways Authority Act, 1956 read with the Arbitration Clause.

This application is, accordingly, disposed of with a liberty to the petitioner to take recourse to appropriate provision of law for redressal of his grievance.

(Chakradhari Sharan Singh, J) arun/- U