Chandrika Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16936 of 2018 ====================================================== Chandrika Prasad S/o Late Munshi Shankar Lal, resident of Village- Kujap, P.S. Chandauti, District- Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Project Manager, National Highways Authority of India Pariyojana Unit, Patna, D-63 Sri Krishana 3.

The Land Acquisition Officer, Gaya, District- Gaya. 4.

The Additional Collector-cum- Arbitrator, Gaya, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr. Md. Khurshid Alam- AAG12 For the NHAI :

Mr. Dr. Maurya Vijay Chandra, Adv.

Mrs. Preety Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-02-2025 Upon repeated calls, no one appears on behalf of the petitioner however, Learned Counsel for State and Learned Counsel for the NHAI is present.

2. Since this matter is of the year 2018. Though, No one appeared on behalf of the petitioner. As such, this Court hereby appoints Mr. Ashutosh Kumar Pandey, Advocate as amicus curiae in this case.

3. Learned amicus curiae submits that the present writ petition has been filed for quashing the order dated 01.08.2017/ 29.01.2018 passed by the Additional Collector cum Arbitrator, Gaya in Case No.RA-178/15-16 and for enhancing the award

Patna High Court CWJC No.16936 of 2018(2) dt.10-02-2025 2/2 amount to the petitioner.

4. Learned Counsel for the State and NHAI raised preliminary objection and submit that from the pleadings, it becomes clear that the land has been acquired for construction of NH-83 and under law, the remedy available against the order passed by the Arbitrator, is under section 3G(6)(7) of the Arbitration and Conciliation Act, 1996 (Act 26 of 1996).

5. In the light of the submissions made, the present writ petition is hereby disposed off granting liberty to the petitioner to avail his remedy under section 3G(6)(7) of the Arbitration and Conciliation Act, 1996.

6. Learned amicus curiae shall be entitled to remuneration as per Notification dated 16.05.2017 published in Bihar Gazette on 18.05.2017 to be paid by the Patna High Court Legal Services Committee.

7. With the aforesaid directions and observations, the present writ petition stands disposed off.

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