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Patna High CourtCWJC/7104/2021disposed

Maqbul, v. The State Of Bihar

2023-01-02Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7104 of 2021 ====================================================== Maqbul, Son of Late Jama Baks @ Shekh Jamawaks, resident of Village and P.O.-Narayanpur, P.S. Manihari, District-Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The Collector, Katihar, District Katihar.

3.

The Additional Collector, Katihar.

4.

The Divisional Commissioner, Purnea-cum-Arbitrator Katihar. 5.

The Project Director, National Highway Authority of India, Project implementation Unit, Purnea H/o Sri Sikander Singh, near Mahananda Colony, Saheban Hata, P.S. K. Hat, District Purnea. 6.

The District Land Acquisition Officer, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Fakhruddin Ali Ahmad For the Respondent/s :

Mr. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-01-2023 Submission of learned counsel for the petitioner is that adequate compensation has not been given to the petitioner for acquisition of his land for the construction of National High Way. The petitioner has filed a claim for enhanced compensation before the Arbitrator i.e., Divisional Commissioner-cum-Arbitrator, Purnea under Section 3G5 of National High Way Act, 1956 bearing Arbitration Case No. 211/2019.

The submission is that for the last three years no development has taken place in the Arbitration Case filed by the

Patna High Court CWJC No.7104 of 2021(2) dt.02-01-2023 2/2 petitioner and a direction be issued to the Arbitrator to decide the claim of the petitioner within a reasonable time. Taking into consideration the nature of prayer made by the petitioner and the fact that the Arbitration Case is pending since 2019, the learned Divisional Commissioner-cumArbitrator, Purnea is directed to dispose the Arbitration Case No. 211/2019 within a period of six months in accordance with law.

With the aforesaid direction and observation, the instant petition stands disposed of.

(Anil Kumar Sinha, J) perwez U