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Patna High CourtCWJC/15165/2016disposed

Ram Prakash Singh And ORS v. The Union Of India And ORS

2025-11-24Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15165 of 2016 ====================================================== 1.

Ram Prakash Singh and Ors 2.

Ram Lal Singh, 3.

Shyam Lal Singh. All are sons of Late Shiv Nath Singh, residents of Village - Barej, P.O- Kauriram, Anchal and P.S.- Mohania, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The Union Of India and Ors 2.

The Department of Road Transport and Highway, Union of India, New Delhi thorugh its's Secretary.

3.

The Chairman, Indian National Highway Authority, New Delhi, 4.

The National Highway Authority of India, Project Workshop Unit, Varanasi through it's Project Direc 5.

The Secretary, Department of Land Acquisition, Govt. of Bihar, Patna. 6.

The Commissioner, Patna Division, Patna.

7.

The Collector, Kaimur at Bhabua.

8.

The Competent Officer-cum- District Land Acquisition Officer, Kaimur Bhabua.

9.

The Land Acquisition Advisory Committee, Kaimur at Bhabua. 10.

The Circle Officer, Mohania, Kaimur at Bhbua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Ishwar Prasad, Adv.

For the Respondent/s :

Mr. Ram Tujabh Singh, CGC Ms. Radhika Raman, Adv.

For the NHAI :

Mr. Rajesh Shandilya, Adv.

Ms. Ankita Kumari, Adv.

For the State :

Mr. Dhurjati Kr. Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-11-2025 Heard the parties.

2. The present application has been preferred for the following relief(s):

i. For setting aside the order dated 21.03.2015 passed by the Court of Additional

Patna High Court CWJC No.15165 of 2016(2) dt.24-11-2025 2/3 Collector-cum-Arbitrator, Kaimur at Bhabua in Misc. Case No.-310/2014-15 [Ramjag Singh VS. The Indian National Highway Authority & Ors.] whereby and where under the rates fixed by the District Land Acquisition Officer, Kaimur at Bhabua vide his order dated 30.04.2012 in connection with the land of the petitioners pertaining to Khata No.- 202, Plot No.- 713, Rakba- 63 sq.mt. at Mauza - Barej, Revenue Thana No.

538, Anchal & Block Mohania has been affirmed and allowed without following the facts and circumstances of the case.

ii. For setting aside the order dated 30.04.2013 passed in Land Acquisition Case No. 35/2012-13 by the respondent no.

8, i.e., the Competent Officer-cum-District Land Acquisition Officer, Kaimur whereby the rates of the land of the petitioners in question have been fixed at lowest rate without considering the commercial rates, the existing marketing rates and other material evidences available on record.

iii. To declare and hold that the order dated 30.04.2012 passed by the Competent Officer-cum-District Land Acquisition Officer, Kaimur is unjust, improper, malafide and incorrect and is not based on proper verification and assessment of land in question in the facts and

Patna High Court CWJC No.15165 of 2016(2) dt.24-11-2025 3/3 circumstances of the case.

iv. To hold and declare that the petitioners are bonafide and genuine land owner of the land in question belonging to the category of commercial class but the compensated amount for the land has been fixed at very low rate and it is not based on proper verification / assessment of land in question and further not in accordance as prescribed under provisions of Act/law.

v. For grant of any other relief or reliefs, if the petitioners are found entitled to.

3. Granting liberty to the petitioner to approach the concerned Court, the writ petition is disposed of. (Rajiv Roy, J) Vijay Singh/- U