Vichitra Devi v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.76 of 2016 ====================================================== Vichitra Devi W/o Shailendra Singh Resident of Village- Ashopur, Danapur P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

1.

The Union Of India and Ors 2.

The Deputy Secretary, Ministry of Road Transport and Highways Govt. of India, New Delhi.

3.

The National Highways Authority of India through its Chairman cum Secretary, Ministry of Shipping R 4.

The Project Director, National Highways Authority of India D-36, Sri Krishnapuri, Patna 5.

The State of Bihar, through the District Magistrate cum Collector, Patna 6.

The Additional Collector cum Arbitrator Patna 7.

The District Land Acquisition Officer cum Competent Officer, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajatshatru For the Respondent/s :

Mr. Niraj Kumar Sinha- AC to PAAG2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2020 Heard both sides.

The learned counsel for the petitioner submits that land of the petitioner has come within the alignment for construction of the road but from bare perusal of the notification issued for acquisition of the land, it appears that the land of the petitioner bearing plot No. 409, Khata No. 58, measuring area 0.10 acre has not been included in the notification for acquisition.

In this view of the fact, I do not find any merit in this

Patna High Court CWJC No.76 of 2016(2) dt.21-01-2020 2/2 writ petition and the same is, accordingly, dismissed with liberty to the petitioner to file petition before the Land Acquisition Authority that her purchased land falls within the alignment for construction of N.H. and possession of the land was taken over and the road was also constructed and if such a petition is filed the Land Acquisition Authority shall dispose of the same within four months from the date of receipt of this order. With the aforesaid direction, this writ petition is dismissed.

(Prabhat Kumar Jha, J) BKS/- U