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Patna High CourtCWJC/4376/2023disposed

Phula Devi v. The Chairman, National Highway Authority Of India

2023-08-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4376 of 2023 ====================================================== Phula Devi W/o Satrudhan Prasad 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 NHAI :

Mr. Kumar Gautam, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam, AAG-12.

:

Mr. Arun Kumar Bhagat, AC to AAG-12.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner, learned counsel for the National Highway Authority of India and learned counsel for the State.

2. The present writ petition has been filed seeking direction to the Chairman, National Highway Authority of India, New Delhi to pay compensation amount for the acquired land of petitioner for construction of NH (119D).

3. Learned counsel for the petitioner submits that petitioner has accepted the award with objection and interested that the award amount should be increased as the award fixed is on lesser value.

4. Learned counsel for the National Highway

Patna High Court CWJC No.4376 of 2023(2) dt.08-08-2023 2/2 Authority of India submits that the statutory remedy available to the petitioner to file an application under Section 3G(5) and 3G(6) of the National Highways Act, 1956 (Act No.48 of 1956) before the Arbitrator-cum-Commissioner, Muzaffarpur.

5. In this background, the present Writ Petition stands disposed off granting liberty to the petitioner to avail remedy under Section 3G(5) and 3G(6) of the National Highways Act, 1956 (Act No.48 of 1956) within six weeks from the date of passing of this order.

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