Afroj Jahan v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.230 of 2024 In Civil Writ Jurisdiction Case No.8133 of 2017 ====================================================== Afroj Jahan Wife of Late Nasim Ansari Resident of Mohalla- Minnat Nagar, Haji Subhan, Police Station- Kotwali, District-Munger. ... ... Appellant/s

Versus

1.

The Union of India XXX 2.

The National High-way Authority of India through its Chairman, Transport Bhawan, New Delhi.

3.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar.

4.

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

5.

The District Magistrate, Munger.

6.

The Sub-Divisioanl Officer, Munger.

7.

The District Land Acquisition Officer, Munger. 8.

The Circle Officer, Munger, District- Munger. 9.

The Block Development Officer, Munger, District- Munger. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Binay Kumar, Advocate For the Respondent/s :

Mr. AC to AAG-12 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 11-02-2025 We have heard the learned counsel for the parties.

Patna High Court L.P.A No.230 of 2024 dt.11-02-2025 2/3

2. The appellant does not have any objection to the acquisition of the ancestral land belonging to her and others for the purposes of construction of National Highway. The dispute, however, is only with respect to the claims of the other shareholders in the land for compensation.

3. While the writ petition was being argued, the appellant agreed that she shall be filing appropriate application before the Principle Judge, Munger, the Designated Authority under Section 3G(5) of the National Highways Authority of India Act, 1956 for adjudication of the issue of apportionment of the compensation amount amongst the different shareholders.

4. In that view of the matter, it would not be open to the appellant to challenge the order passed by the learned Single Judge permitting him to file appropriate application before the concerned authority for apportionment of compensation amount to the

Patna High Court L.P.A No.230 of 2024 dt.11-02-2025 3/3 appellant.

5. The appeal has no merits and is thus dismissed.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Manoj/Praveen-II AFR/NAFR NAFR CAV DATE NA Uploading Date 12.02.2025 Transmission Date NA