Syed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6074 of 2019 ====================================================== 1.

Syed Alam, Son of late Mahmood Alam 2.

S. Anwar Alam, Son of late Mahmood Alam Both resident of Mohalla- Milkiyana Khanquah, Gali Road, P.O. and P.S. Phulwari Sharif, District- Patna, Pin Code 801505 ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Patna.

3.

The District Land Acquisition Officer, Patna 4.

The Chief General Manager (LA), National Highway Authority of India. 5.

The Deputy Chief Manager (LA) National Highway Authority of India the Regional Office at D-63 1st Floor Sri Krishnapuri, Patna- 800001 Bihar. 6.

The Regional Officer, National Highway Authority of India, Regional Office at D-63 1st Floor Sri Krishnapuri, Patna- 800001 Bihar. 7.

The Project Director, Pakai- Patna, National Highway Authority of India, Four Lane Road, N.H. 30 and 84 (Patna Buxar Section) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra Mishra Mr. Nadimul Hasan For the State :

Ms. Archana Prasad, AC to SC 19 For NHAI :

Mr. Ranjan Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-04-2019 Heard learned Counsel for the parties concerned. The land of these petitioners, it is being claimed, has been acquired invoking provision under Section 3G of the National Highways Act, 1956 (in short, 'the Act'). It is the grievance of the petitioners that the amount of compensation, which has been paid to them, is not adequate and in accordance with the decision of the Government to pay the compensation

Patna High Court CWJC No.6074 of 2019(2) dt.02-04-2019 2/2 applying the principle for determination of compensation amount as incorporated in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

If the petitioners have any grievance against determination of amount payable as compensation, they have statutory remedy under sub-Section (5) of Section 3G of the Act.

This application is disposed of with the only observation that if permissible, the petitioners shall be at liberty to raise their claim in accordance with the provision in subsection (5) of Section 3G of the Act. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √