Ram Nagina Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6894 of 2019 ====================================================== 1.
Ram Nagina Singh S/o Shiv Prasad Singh Vill.- Girdhariya, P.s.- Shivsagar, Distt.- Rohtas 2.
Pratima Devi W/o Daya Shankar Singh @ Basawan Singh Vill.- Girdhariya, P.s.- Shivsagar, Distt.- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Revenue and Land Reform Department, Bihar, Patna 2.
The Project Director of National Highway Authority Sasaram Unit, Sasaram 3.
The Collector cum District Magistrate Rohtas 4.
The District Land Acquisition Officer Rohtas at Sasaram ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh No.10 For the State :
Mr. Md. Khursid Alam, AAG 12 Mr. Asif Kalim, AC to AAG 12 For NHAI :
Mr. S. N. Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-04-2019 Heard learned Counsel for the parties concerned. The lands of these petitioners have been acquired for construction/widening of N. H. 2. The petitioners have grievance that for determination of compensation, the respondents have treated the nature of land to be agricultural; whereas the correct nature of the land is residential. It is, accordingly, the case of the petitioners that they are entitled for more amount than what has been determined by the respondents against acquisition of the lands, in question. In my opinion, the petitioners have remedy under sub-
Patna High Court CWJC No.6894 of 2019(2) dt.12-04-2019 2/2 Section (5) of Section 3-G of the National Highways Act, 1956, by making appropriate application.
This application is, thus, disposed of with the observation that the petitioners shall be at liberty to take recourse to the provisions under sub-Section (5) of Section 3-G of the National Highways Act, 1956.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √