Kumar Mahendra Pratap Singh And ANR v. National Highways Authority Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20782 of 2014 ===========================================================
1. Kumar Mahendra Pratap Singh, son of Late Chandradeep Singh.
2. Gita Singh, Wife of Sri Krishna Murari Singh. Both residents of Village - Suara, Post Office- Pahleja, Police Station- Dehri, District- Rohtas .... .... Petitioners
Versus
1. National Highways Authority of India through its Chairman, N.H.I.- Office, Sector- 10, Dwarika, New Delhi.
2. Project Director, National Highways Authority of India, D.I.G. Colony, Varanashi (U.P.).
3. The Competent Authority under N.H. Act- Cum- District Land Acquisition Officer, Rohtas (Sasaram).
.... .... Respondents =========================================================== Appearance :
For the Petitioners : Mr. Binod Bihari Singh, Advocate For Respondent-NHAI : Mr. Shri Nath Pathak, SC =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 14-09-2017 The present writ petition has been filed for a direction to the respondents to pay the amount for compensation determined under Section 3-G(1) of National Highways Act by Respondent No. 3 dated 08.03.2014 (Annexure-1) for the buildings/structures standing on acquired land measuring 79 Sq. meters of plot no. 1395 (Khata No. 144) under Mauza-Suara (Revenue Thana No. 164) in the District of Rohtas for the purpose to convert N.H. 2 into six lanes in Case No. 17 of 2011-12; and for a direction to the respondent no. 3 to calculate and pay the statutory interest on amount determined from 01.02.2014 till its actual payment to the petitioners.
2. At the very outset, learned counsel for the petitioners states that the amount of compensation has since been received and the petitioners' grievance in this regard stands redressed. However, the
Patna High Court CWJC No.20782 of 2014 dt.14-09-2017 2/2 petitioners claim that they are entitled to statutory interest from 01.02.2014 upto 31.03.2015 in view of the amount of compensation having been received on 08.04.2015.
3. Having regard to the nature of the confined relief now sought on behalf of thee petitioners, the writ petition is disposed of granting liberty to the petitioners to file a representation before the Competent Authority under the N.H.A.I. Act-cum-District Land Acquisition Officer, Rohtas, Sasaram (respondent no. 3) with their claim for interest. If any such representation is filed within two weeks from today, the same shall be considered and disposed of, after grant of opportunity of hearing to the petitioners, on its own merit and in accordance with law within a further period of eight weeks thereafter.
B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 15.09.2017 Transmission Date N.A.