Dudhnath Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.565 of 2016 ====================================================== Dudhnath Singh son of Aliyar Singh, Resident of Village- Dhanechha, Anchal- Dhanechha, P.S.- Durgawati, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The Union Of India through the Secretary, Ministry of Raod, Transport and Highway, New Delhi 2.

National Highway Authority of India, through its Regional Officer, D/63 Sri Krishnapuri, Patna.

3.

The State of Bihar, through the Secretary of Revenue and Land Reforms, Old Secretariat, Patna.

4.

The Director, Land Acquisition, Directorate of Land Acquisition, Ministry of Revenue and Land Reforms, Government of Bihar, Patna 5.

The Collector, Kaimur at Bhabua.

6.

The Competent Authority-Cum- District Land Acquisition Officer, Kaimur at Bhabua.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Respondent/s :

Mr. Asit Kumar Jha, AC to GP-2 For the N.H.A.I.

:

Mr. Gaurav Govinda, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the N.H.A.I.

2. This writ petition has been filed for a direction to the respondents to pay the compensation of the petitioner of his acquired land as per the prescribed value on the market rate.

3. Learned counsel for the petitioner submits that his land was acquired for the purpose of construction of national highway but he has not been given compensation on

Patna High Court CWJC No.565 of 2016(2) dt.25-09-2023 2/2 commercial rate and the damages of pucca house constructed on the said land. He further submits that payment of compensation should be made on commercial rate.

4. Learned counsel for the N.H.A.I. submits that the petitioner has received compensation with objection and under National Highways Act, 1956 he has liberty to file application under Section 3(G)(5) of National Highways Act, 1956.

5. In this view of the matter, this writ petition is disposed of directing the petitioner to file application under Section 3(G)(5) of the National Highways Act, 1956 before the Arbitrator within four weeks.

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