Vijay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5849 of 2023 ====================================================== Vijay Kumar Singh, S/o Rameshwar Prasad Singh, Resident of VillageAgeya, P.S.- Goreakothi, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Siwan. 2.

The District Magistrate, Siwan.

3.

The Competent Authority-cum-District Land Acquisition Officer, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Thakur, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) Mr. Saurabh Kumar, AC to SC-19 For the NHAI :

Mr. Amarjeet, J. C. to Sriram Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-09-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the National Highways Authority of India.

2. Learned counsel for the petitioner is directed to implead the National Highways Authority of India through its official as party respondent in the present case, during course of the day.

3. The petitioner has filed the present petition with a prayer to enhance the compensation amount of the land which

Patna High Court CWJC No.5849 of 2023 dt.15-09-2023 2/3 has been acquired for construction of NH-227A. He further submits that the land of the petitioner is situated adjacent to SH73 which has been switched over under NH-227A and for the purpose of expansion, his land has been acquired and the petitioner is primarily interested in enhancing the compensation amount.

4. Learned counsel for the National Highways Authority of India submits that notice under Section 3E of the National Highways Act, 1956 has been issued at the level of the District Land Acquisition Officer, Siwan, therefore, the only remedy available to the petitioner to file an application under Section 3G (5) of the National Highways Act, 1956.

5. Learned counsel for the State submits that there is no applicability of Section 73 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in the present case.

6. In this view of the matter, since there is already a statutory remedy available against the notice impugned, this writ petition stands disposed of granting liberty to the petitioner to raise his grievances before the appropriate forum as indicated in Section 3G(5) of the National Highways Act, 1956 within four weeks from today.

Patna High Court CWJC No.5849 of 2023 dt.15-09-2023 3/3

5. With the aforesaid observation and direction, the present writ petition stands disposed of.

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