Sudama Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5899 of 2019 ====================================================== Sudama Singh S/o Balmiki Singh Vill.- Beladhi, P.O.- Morasarai, P.S.- Darigaon, Sarae, Distt.- Rohtas ... ... Petitioner/s

Versus

1.

The Union Of India, through Chairman, Road Transport and National Highway Authority, New Delhi 2.

The State of Bihar, through Secretary, Department of Revenue Patna, Bihar 3.

District Magistrate, Rohtas 4.

Additional District Magistrate, Rohtas 5.

Land Reform Deputy Collector, Rohtas 6.

The district Land Acquisition Officer, Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishal Saurabh Mr. Sujit Kumar Sinha For the State :

Mr. Raj Kishore Roy ( GP 18 ) For the Respondents :

Mr. Anshay Bahadur Mathur, NHAI Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2019 Heard learned counsel for the parties.

The petitioner has a grievance that the determination amount of the compensation against acquisition of his land for expansion of NH-2, awarded by the competent authority is not appropriate, and the same has been done, ignoring the materials available on record.

The petitioner has a remedy under Section 3-G (5) of the National Highways Act, 1956 (in short 'the Act') by approaching the Arbitrator. The Divisional Commissioners of respective Divisions have been notified under the Act to act as

Patna High Court CWJC No.5899 of 2019(2) dt.01-04-2019 2/2 an Arbitrator, as has been stated at the Bar. Learned counsel, appearing on behalf of the petitioner, has drawn my attention to an order of this Court, dated 08.03.2019, passed in somewhat similar circumstance vide C.W.J.C. No. 4609 of 2019 (Rohit Kumar and Ors. Vs. The Union of India and Ors.).

This application is disposed of accordingly with the liberty to the petitioner to approach the Arbitrator under the Act and with the same observation as indicated in the order, dated 08.03.2019, in case of Rohit Kumar and Ors. (supra). (Chakradhari Sharan Singh, J) Ashish/- U