Patna High CourtCWJC/17062/2016disposed

Babu Lal Singh And ORS v. The State Of Bihar And ORS

2019-02-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17062 of 2016 ======================================================

1. Babu Lal Singh and Ors son of Late Chandar Singh

2. Janardan Singh son of Late Mundrika Prasad Singh

3. Jayram Singh son of Late Kuldeep Singh All are resident of Mahmadpur, P.S.- Hasua, District- Nawada.

... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

2. The Competent authority-cum-Collector, Nawada, District- Nawada.

3. The District Land Acquisition Officer, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Respondent/s :

Mr.Sajid Salim Khan- SC-25 For NHAI : Mr. S.N.Pathak, SC ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-02-2019 It is the petitioners' case that their lands have been acquired under the National Highways Act, 1956 (hereinafter referred to as 'the Act') for construction of N.H.-82. The compensation amount which has been determined to be paid to the petitioners against acquisition of land, according to the petitioners is not adequate and they are entitled for more than what has been determined at commercial rate along with other benefits.

The petitioners have remedy under sub-section (5) of Section 3G of the Act which states that if amount determined by the competent authority under sub-section(1) is not acceptable to either of the parties, the amount shall, on an

Patna High Court CWJC No.17062 of 2016(2) dt.11-02-2019 2/2 application by either of the parties, be determined by the arbitrator to be appointed by the Central Government. The petitioners shall be at liberty to take recourse to the said provision by making appropriate application before the competent authority. If the application is made, if already not made by the petitioners, for determination by the arbitrator under sub-section (5) of Section 3G of the Act within two weeks from today, the competent authority shall be required to proceed expeditiously for determination of the petitioners' claim, in accordance with law.

This application stands disposed of.

(CHAKRADHARI SHARAN SINGH, J) arun/- U