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Patna High CourtCWJC/13344/2019disposed

Majidan Khatoon v. The Union Of India

2019-07-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13344 of 2019 ====================================================== Majidan Khatoon S/o Late Mohammad Reyajudin Ansari R/o VillageDarjiBigha,P.S. Madanpur,Dist.-Aurangabad ... ... Petitioner

Versus

1.

The Union of India through the Secretary, Ministry of Transport, Govt. of India, New Delhi 2.

Secretary, Ministry of Transport, Govt. of India, New Delhi 3.

National Highway Authority of India through the Director General, Ministry of Transport, Govt. of India, New Delhi 4.

Director General, National Highway Authority of India Ministry of Transport, Govt. of India, New Delhi 5.

Project Director, National Highway-2,Govt. of India, Dhanbad Zone (Jharkhand) 6.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 7.

Chief Secretary, Govt. of Bihar, Patna 8.

Arbitrator-cum-Addl. Collector, Aurangbad 9.

Land Reforms Deputy Collector, Aurangabad ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Baidya Nath Thakur For the Respondent State:

Dr. Anand Kumar, AC to AAG-12 For the NHAI :

Mr. S.N.Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-07-2019 Petitioner has put to challenge the award, dated 31.03.2017, passed by the Arbitrator-cum-Additional Collector, Aurangabad, in Land Acquisition Case No. 108 of 2016-17, whereby the petitioner's claim for compensation, treating his land, which has been acquired, to be commercial instead of agricultural, has not been accepted.

The award has apparently been made under sub-

Patna High Court CWJC No.13344 of 2019(3) dt.03-07-2019 2/2 Section (5) of Section 3G of the National Highway Act, 1956. The petitioner has remedy under the Arbitration and Conciliation Act, 1996, against the award, which he can invoke. I am not inclined to entertain this writ application in the light of the decision of this Court dated 23.01.2019 passed in C.W.J.C. No. 1375 of 2019 (Asha Singh vs. State of Bihar and Ors.). The petitioner shall be at liberty to question the award in accordance with law.

This writ application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U