Bechu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4773 of 2023 ====================================================== Bechu Singh S/o Late Dinanath Singh, Resident of Village-Chausiya, P.S.- Sonepur, District-Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Deptt. of Revenue and Land Development, Govt. of Bihar, Patna.

3.

District Collector-cum-Magistrate, Saran.

4.

The District Land Acquisition Officer, Saran. 5.

Addl. District Magistrate, Saran, Chapra.

6.

Sub-divisional Officer, Sonepur, Saran.

7.

Circle Officer, Sonepur, Saran.

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

For the Petitioner/s :

Mr. Nilesh Kumar Nirala, Adv.

:

Mr. Dhananjay Mishra, Adv.

For the State :

Mr. Sarvesh Kumar Singh, AAG-13 :

Mr. Arya Achint, AC to AAG-13.

For the NHAI :

Mr. Dr. Maurya Vijay Chandra, SC for NHAI ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and learned counsel for the State. Though petitioner has not added National Highway Authority of India as party but counsel for National Highway Authority of India is present and has assisted the Court.

2. The present writ petition has been filed seeking direction to the respondent authorities to make sufficient, adequate and satisfactory payment of compensation relating to acquisition of land of petitioner for construction of N.H.-19

Patna High Court CWJC No.4773 of 2023(2) dt.16-08-2023 2/3 Chapra-Hajipur Road.

3. Learned counsel for the petitioner submits that less amount of compensation has been paid to the petitioner for acquisition of his land.

4. Learned counsel for the National Highway Authority of India submits that the land of petitioner has been acquired for National Highway four lane road under National Highways Act, 1956 (Act No.48 of 1956). He further submits that from the pleadings, it transpires that petitioner has received compensation but he wants to enhance the amount of compensation. The statutory remedy available to the petitioner under law is to file an application under Section 3G(5) & 3G(6) of the National Highways Act, 1956 (Act No.48 of 1956) before the Arbitrator-cum-Divisional Commissioner, Saran.

5. Learned counsel for the State agrees with the submission advanced by learned counsel for the National Highway Authority of India.

6. In this background, the present Writ Petition stands disposed off directing the petitioner to avail remedy under Section 3G(5) of the National Highways Act, 1956 (Act No.48 of 1956) before the competent authority/Arbitrator-cumDivisional Commissioner, Saran within four weeks from the

Patna High Court CWJC No.4773 of 2023(2) dt.16-08-2023 3/3 date of passing of this order.

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