Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7422 of 2019 ====================================================== 1.

Nilesh Kumar Son of Late Jit Narayan Singh resident of Village- Girdhariya, P.S. Shivsagar, District- Rohtas.

2.

Rajvansh Singh Son of Mundrika Singh resident of Village- Girdhariya, P.S. Shivsagar, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms 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 Respondent/s :

Md. Khurshid Alam ( AAG-12 ) Mr. Fakhruddin Ali Ahmad, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2019 The petitioners claim that their land has been acquired for construction of a road by National Highway Authority of India. They have grievance against determination of amount of compensation against the acquisition. According to them, whereas the land is commercial in nature, their compensation amount has been determined treating the land to be agricultural. Other grievances are also there, in respect of the determination of the amount of compensation.

In my opinion, the petitioners have a remedy under Section 3-G (5) of the National Highways Act, 1956 (in short

Patna High Court CWJC No.7422 of 2019(2) dt.18-04-2019 2/2 'the Act'), which the petitioners may avail.

This application is disposed of with the aforesaid observation. If the petitioners raise any claim under Section 3-G

(5) of the Act, it goes without saying that their claim shall be considered and disposed of expeditiously.

(Chakradhari Sharan Singh, J) Ashish/- U