Ashok Singh @ Ashok Kr. Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17030 of 2018 ====================================================== Ashok Singh @ Ashok Kr. Singh son of Late Ramchandra Singh, resident of Village- Kanbehri, P.S.- Aurangabad Mufassil and District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Land Reforms and Revenue, Government of Bihar, Patna (Bihar) 2.

The District Magistrar, Aurangabad.

3.

The Additional Collector cum Arbitrator, Aurangabad. 4.

The Deputy Collector Land Reform, cum the Competent Authority, Aurangabad.

5.

The Chief General Manager, National High Way II, Aurangabad. 6.

The Project Director, P.I.U., N.H.A.I., Varanasi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Verma, Advocate For the Respondent/s :

Md. Khurshid Alam, AAG-12 For the NHAI :

Mr. Sanat Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-02-2025 Heard Learned Counsel for the petitioner, Learned Counsel for the N.H.A.I. and Learned Counsel for the State.

2. The present petition has been filed by the petitioner for quashing the award to appear on 30.05.2018 in L.A. Case No.2(XXIV)/2014-15 passed under "Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which is under Section 3G of the National Highway Act, 1956 under Gazette Notification dated 01.01.2015 without following mandatory requirements under Section 3 of the National Highway Act as

Patna High Court CWJC No.17030 of 2018(2) dt.10-02-2025 2/2 well as the Land Acquisition Act, 2013.

3. Counsel for the State raised preliminary objection and submits that the present matter is relating to acquisition of land under National Highways Act, 1956 and the provisions laid down under National Highways Act, 1956 (Act 48 of 1956) is applicable.

4. It transpires to this Court that the order under challenge is challengeable under section 3G (6), (7) of the Arbitration and Conciliation Act, 1996 before the assigned Forum/Court.

5. As such, the present writ petition stands disposed off directing the petitioner to avail remedy under the said Act within 30 days from today.

6. It is directed to the Court that if application is filed under Arbitration and Conciliation Act, within 30 days, then the limitation, if any, shall be condoned.

(Dr. Anshuman, J) Mkr./- U