Ram Awadh Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.536 of 2016 ====================================================== Ram Awadh Singh Son of Ramnath 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 Road, Transport and Highway, New Delhi.

2.

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

3.

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

5.

The Director, Land Acquisition, Directorate of land Acquisition, Ministry of Revenue and land Reforms, Government of Bihar, Patna. 6.

The Collector, Kaimur at Bhabua.

7.

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 Counsel for the NHAI :

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. Some part of the land has been treated as different rate

Patna High Court CWJC No.536 of 2016(2) dt.25-09-2023 2/2 and another part of the land has been treated as different rate. Learned for the petitioner submits that both lands are adjacent and price of both the lands for the purpose of payment of compensation should be treated as 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