Mahendra Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12189 of 2016 ====================================================== 1.

Mahendra Singh.

2.

Nagendra Singh Both are son of Late Parmeshwar Singh resident of villageMastul Barun, P.S. - Barun and Distt.- Aurangabad ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Aurangabad 3.

The Additional Collector cum Arbitrator, Aurangabad 4.

The Deputy Collector, Land Reforms cum Competent Authority, Aurangabad 5.

The Chief General Manager National High Way II, Aurangabad 6.

The Project Director, P.I.U., N.H.A.I., Varansi 7.

The Divisional Commissioner, Gaya-cum-Arbitrator. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Verma, Advocate For the Respondent/s :

Mr. Sunil Kr. Mandal, SC-3 Mr. Arjun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2025 Learned counsel for the petitioner prays for and is allowed to implead the Divisional Commissioner, Magadh Division, Gaya-cum-Arbitrator as respondent no. 7.

2. Heard the parties.

3. The present petition has been preferred for the following relief(s):

"for direction to the concerned authorities particularly the Respondent no.4 to redetermine the compensation as per sec.7 of the

Patna High Court CWJC No.12189 of 2016(2) dt.28-07-2025 2/2 National Highway Act, 1956 by quashing the award under sec. 3(G) of the Act as there is violation of sub sec. 3 and 4 of sec. 3 (G) of the N.H. Act, 1956 at the prevalent market value together with the compensation to the property attached to the land."

4. It has been unanimously submitted by all the parties including the NHAI that the matter has to be considered by the competent authority.

5. Granting said liberty to approach the competent authority/respondent no. 7 (the Arbitrator-cum-Divisional Commissioner, Gaya) to look into the matter if such petition is preferred in four weeks, the writ petitioner stands disposed of. (Rajiv Roy, J) Adnan/- U