Sanjay Kumar Agrawal v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3904 of 2020 ====================================================== 1.

Sanjay Kumar Agrawal Sono f Late Prabhu Dayal Agrawal Resident of Durgapur Raghopur P.S.-Raghopur, District-Supaul. 2.

Umesh Pd.Singh Son of Late Sri Bindeshwari Pd. Singh, Resident of Raghopur, P.S. Raghopur District-Supaul.

3.

Chandan Kumar Son of Satya Narayan Sah Resident of Durgapur-Raghopur, P.S. Raghopur District-Supaul 4.

Amarika Devi Wife of Upendra Prasad Yadav Resident of Durgapur-P.S. Raghopur District-Supaul.

... ... Petitioner/s

Versus

1.

Union of India through the Secretary, Government of India, Department of Road Transport and National High Ways.

2.

Secretary, Government of India, Department of Road Transport and National High Ways.

3.

National High Way Authority Of India through its Chairman. 4.

Chairman, National High Way Authority of India. 5.

Nodal Officer, National High Way, Patna.

6.

Superintending Enginer National High Way, Purnea. 7.

Executive Engineer National High Way Madhepura. 8.

District Magistrte, Supaul.

9.

District Land Acquisition Officer, Supaul.

10.

Executive Engineer Building Division, Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr.Binodanand Mishra, Advocate For the Respondents :

Mr.Md. Khursid Alam ( Aag12 ) For the Union of India :

Dr. K. N. Singh, ASG For the NHAI :

Mr. S. N. Pathak, SC Ms. Vandana Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2022 Heard the parties.

Learned counsel for the petitioners is permitted to withdraw this application so that they may file their claim before the Divisional Commissioner-cum-Arbitrator, Supaul

Patna High Court CWJC No.3904 of 2020(2) dt.11-10-2022 2/2 under Section 3G(5) of National Highway Act, 1956. The learned counsel for the State and NHAI have no objection to the same.

The writ petition is permitted to be withdrawn with the liberty to the petitioner to move Divisional Commissionercum- Arbitrator, Supaul within sixty days from today. The Arbitrator will decide the matter within five months after hearing the parties and pass a reasoned order in accordance with law. He will consider all the claims of the petitioners including the objection on the classification of land which has been acquired and the respondents are trying to give compensation treating the land to be agricultural land. All the evidences produced by the petitioners shall be considered and dealt by the Arbitrator in his final order.

With the aforesaid observation and direction, this writ petition is disposed of.

(Sandeep Kumar, J) Harsh/ BT U