Usha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17893 of 2015 ====================================================== Usha Devi Wife of Shri. Ashok Bhagat Resident of Village- Madhura South, PO and PS- Narpatganj, District- Araraia Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Araria, 3.

The Superintendent of Police, Araria 4.

The District Land Acquisition Officer, Araria 5.

The Sub-Divisional Police Officer, Forbesganj, 6.

The Sub-Divisional Officer, Forbesganj, 7.

The Land Reform Deputy Collector, Forbesganj 8.

The Circle Officer, Narpatganj, 9.

Shri. Rakesh Kumar, Sub- Inspector of Polce, Narpatganj, Police Station, District- Araria, 10.

The Project Director NH-57, Purnia, 11.

The Project Director, Gammon India, Branch Office at Madhubani, PSPratapganj, District- Supaul Bi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jyoti Shankar, Adv.

For the Respondent/s :

Mr. R. N. Dubey, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed directing the respondents authorities to pay the compensation to the petitioner for the loss suffered by her due to the illegal arbitrary distraction of her residential-cum-commercial premises and also to enhance the award amount, as her property has been

Patna High Court CWJC No.17893 of 2015(2) dt.04-09-2023 2/2 taken by the N.H.A.I. for construction of National Highway by way of acquisition.

3. Learned counsel for the State submits that the award has already been prepared and payment has been made to the petitioner as per the State.

4. Learned counsel for the petitioner submits that the petitioner is not satisfied from the payment, as there are series of headings under which petitioner is still entitled for the compensation.

5. In this background that award has already been prepared, liberty is granted to the petitioner to avail her enhanced claim and other grievances before the Arbitrator under Section 3G(5) of the National Highways Act, 1956, [48 of 1956] within four weeks' upon filing the application.

6. The Divisional Commissioner-cum-Arbitrator, Purnia is directed to pass order within nine months.

7. With this direction, the present writ application is hereby disposed of.

(Dr. Anshuman, J.) sadique/- U