Haidar Azam v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2971 of 2023 ====================================================== Haidar Azam Son of Late Shafi Ahmad, Resident of Village- Kesarra, Ward No. 13, P.S.- Jokihat District- Araria.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Department of Road Transport and Highways, Govt. of India, New Delhi 2.

The Secretary, Department of Road Transport and Highways, Govt. of India, New Delhi 3.

The National Highways Authority of India through its Project Director. 4.

The G.R. Infra Project Limited Construction Company. 5.

The State of Bihar through Principal Secretary Revenue and Land Reform Department, Bihar, Patna.

6.

The Secretary, Land Acquisition Department, Govt. of Bihar, Patna. 7.

The District Magistrate cum Collector, Araria District- Araria. 8.

The District Land Acquisition Officer, Araria District- Araria. 9.

The Circle Officer, Jokihat District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Ziaul Quamar, Adv.

For the Res. No.3 :

Mr. Sriram Krishna, Adv.

For the Res. No.1 :

Ms. Bandana Kishore, Adv.

For the State :

Mr. W.A. Khan, AC to SC-25.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner, learned counsel for the Union of India, learned counsel for the State and learned counsel for the NHAI.

2. The present writ petition has been filed by the petitioner for enhancement of the price of compensation for his acquired land.

3. Learned counsel for the petitioner submits that petitioner wants enhanced payment of of his land which was acquired for the purpose of construction of National Highways

Patna High Court CWJC No.2971 of 2023(2) dt.18-07-2023 2/2 under the National Highways Act, 1956. He further submits that petitioner is the title holder of Khata No.126, Plot No.483, 488, 489 and Khata No.127, Plot No.484 and Khata No.128, Plot No.474, total area 23.44 decimals situated at Mauza-Dharmeswar Gachh.

4. Learned counsel for the National Highway Authority of India submits that the petitioner is at liberty to sue before the Arbitrator-cum-Divisional Commissioner, Purnea Division for enhancement of his compensation amount under Section 3G(5) of the National Highways Act, 1956.

5. Learned counsel for the State supports the submissions made by learned counsel for the National Highway Authority of India.

6. In this background, petitioner is directed to file an application before the Arbitrator-cum-Divisional Commissioner, Purnea for this grievances under Section 3G(5) of the National Highways Act, 1956 within four weeks alongwith the order passed today by this Court.

7. With this observation and direction, the present Writ Petition stands disposed off.

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