Ramanand Ray v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7136 of 2023 ====================================================== Ramanand Ray, Son of Banai Ray, Resident of Village-Paithani Natthupur, P.O.-Pakri Anisabad, P.S.-Beur, District- Patna.. ... ... Petitioner/s

Versus

1.

Union of India through the Secretary, Ministry of Road Transport and Highway, New Delhi.

2.

The State of Bihar through the Collector and District Magistrate, Patna. 3.

The Director cum Special Secretary, Land Acquisition, Patna. 4.

The Commissioner, Patna Division, Patna.

5.

The District Land Acquisition Officer, Patna. 6.

The Project Director, National Highway Authority, New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girjanand Prasad, Advocate For the NHAI :

Mr. Sriram Krishna, Advocate Mr. Amarjeet, Advocate For the State :

Mr. Majid Mahboob Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-09-2023 Heard learned counsel for the petitioner, learned counsel for the Union of India, learned counsel for the National Highways Authority of India, and learned counsel for the State.

2. The present writ petition has been filed for enhancement of compensation amount which has been prepared and the petitioner has received with objection.

3. Learned counsel for the petitioner submits that the petitioner is entitled to receive the payment treating his land as agricultural whereas he is interested in receiving payment on

Patna High Court CWJC No.7136 of 2023 dt.15-09-2023 2/2 higher value.

4. Learned counsel for the National Highways Authority of India submits that since the award has already been prepared and the petitioner has accepted the same with objection then in that case the liberty is available to the petitioner to file an application before the Arbitrator-cum-Divisional Commissioner under Section 3G(5) of the National Highways Act, 1956.

5. In this view of the matter, the present writ petition is disposed of directing the petitioner to file an application before the Arbitrator-cum-Divisional Commissioner, Patna along with a copy of this order raising all his grievances within four weeks, who shall consider and dispose of the application within nine months thereafter.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 18/09/2023 Transmission Date NA