Md. Basimul Haque v. The Union Of India And ORS

Patna High Court CWJC No.8633 of 2016 (2) dt.08-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8633 of 2016 ====================================================== Md. Basimul Haque .... .... Petitioner/s

Versus

The Union of India & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Respondent/s : Mr. SC28- Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2018 Heard both sides.

Petitioner has filed this writ petition for a direction to the authority for payment of compensation of the land and the house acquired for widening of NH-57.

In a writ jurisdiction, this Court cannot decide the nature of land or grant of compensation to the petitioner. The proper forum is Land Acquisition Officer who has acquired the land for the purpose of construction or widening of NH-57. The petitioner is directed to file objection before the Land Acquisition Officer with regard to the amount of compensation and also disputes about the nature of the land. If such petition is filed, the Land Acquisition Officer shall decide the objection of the petitioner or refer the matter to the Referral Judge in accordance with law.

With this observation, this writ petition is disposed of. Saurabh/- (Prabhat Kumar Jha, J) U