Anirudh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5207 of 2025 ====================================================== Anirudh Pandey Son of Late Bhagwan Pandey, Resident of VillageSaharkola, P.S- Basantpur, District- Siwan. ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Siwan. 4.

The District Land Acquisition Officer, Siwan. 5.

The Block Development Officer, Basantpur, District- Siwan. 6.

The Circle Officer, Anchal- Basantpur, District- Siwan. 7.

The National Highways Authority of India, New Delhi through its Chief Director.

8.

The Project Director, National Highways Authority of India, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Respondent/s :

Dr. Maurya Vijay Chandra, Advocate Mr. Gaurav Govinda, Advocate Ms. Preety Ranjan, Advocate For the State :

Mr. Subhash Pd. Singh, G.A. -3 Mr. Indeshwari Pd. Mandal, A.C. to G.A.-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-04-2025 Heard the parties.

2. The present petition has been filed for the following reliefs:- i) To issue a writ of certiorari, setting aside the order dated 17.12.2024 passed by the Court of Commissioner, Saran Division, Chapra in Arbitration Appeal Case No. 139/2024, 141/2024, 142/2024 and Arbitration Appeal Case No.

Patna High Court CWJC No.5207 of 2025(2) dt.08-04-2025 2/3 143/2024 respectively, whereby and where-under the Arbitration Case filed by the petitioner in pursuant to liberty granted to the petitioner vide order dated 05.07.2023 passed in C.W.J.C. 1718/2023 for enhancing the compensation amount of their acquired land for the project "Ram-Janki Path Pariyojna-NH227A" in L.A. Case No.

23/2021-22, as per its circle rate fixed by the State Government in the year 2013 i.e. Rs.1,85,000/- per decimal along with commercial benefit of Rs. 30,000/- instead of 'Dhanahar' vide Award No. 42, 48, 52 and Award No.47, has illegally been rejected.

ii) To issue a writ of Mandamus, commanding and directing the Respondent authority concern to make payment of compensation amount to the petitioner at least as per its circle rate fixed by the State Government in the year 2013 i.e. Rs.1,85,000/- per decimal along with commercial benefit of Rs. 30,000/- instead of 'Dhanahar' as the acquired land of the petitioner is situated on SH/NH/PWD Main Road and its nature is commercial not 'Dhanahar'.

iii) Any other relief/reliefs for which petitioner is found entitled in facts & circumstance of the case.

3. This writ petition is disposed of with the observation that the petitioner, if so advised, may file an

Patna High Court CWJC No.5207 of 2025(2) dt.08-04-2025 3/3 application for setting aside of the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996.

4. If the petitioner files an application before the competent Court for setting aside of the impugned arbitral award within a period of four weeks from today, it shall be decided on merit within a period of six months.

5. With these observation(s), the writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Neha/- U