Akhilesh Kumar Singh v. The Chairman, National Highway Authority Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4087 of 2023 ====================================================== Akhilesh Kumar Singh S/o Late Lakhan Singh, R/o Village Bharat Pur Singhara, P.S. - Mahua, Dist. - Vaishali.

... ... Petitioner/s

Versus

1.

The Chairman, National Highway Authority of India New Delhi. 2.

The State of Bihar through the Revenue Secretary, Govt. of Bihar, Patna. 3.

The District Magistrate, Vaishali.

4.

The Land Acquisition Officer, Vaishali.

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 :

Mr. Mukul Prasad, AC to GP-18 :

Mr. Ramesh Gupta, Adv.

For the NHAI :

Mr. Anand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-08-2023 Counsel for the petitioner, counsel for the NHAI and counsel for the State are present.

2. The counter-affidavit filed by the counsel for the NHAI is directed to be accepted.

3. Counsel for the petitioner has filed this writ petition for directing the respondent to pay the compensation of petitioner's acquired land treating it homestead. Petitioner's grievance is that the adjacent land has been acquired treating it as homestead land but his land was not considered under the category of homestead land.

4. Counsel for the petitioner submits that petitioner has received the compensation for his land with objection and filed this present writ petition with a view to enhance the compensation amount by treating his land as homestead land.

Patna High Court CWJC No.4087 of 2023(2) dt.01-08-2023 2/2

5. Counsel for the State submits that the acquisition of the land has been made for the purpose of construction of National Highway, which is guided by the National Highways Act, 1956 [Act No. 48 of 1956]. He further submits that Section 3 G(5) of the National Highways Act, 1956 [Act No. 48 of 1956] clearly states that for any of grievance on the price of compensation of land, the remedy lies under the said section before the Arbitrator-cum-Divisional Commissioner, as he is the arbitrator under the law.

6. In this background, the petitioner is directed to file his application for all his grievances that he has raised here, before the Arbitrator-cum-Divisional Commissioner under Section 3 G(5) of the National Highways Act, 1956 [Act No. 48 of 1956] within four weeks from today.

7. The Arbitrator-cum-Divisional Commissioner is directed to dispose off the application of the petitioner at the earliest.

8. With the aforesaid direction, this writ petition is hereby disposed off.

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