Subodh Kumar And ANR v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3077 of 2016 ====================================================== 1.
Subodh Kumar and Anr son of Late Basudeo Singh, resident of villageDadupur, P.O.- Bikram, P.S.- Bikram, District- Patna 2.
Sudhir Kumar, Son of Late Basudeo Singh resident of village- Dadupur, P.O.- Bikram, P.S.- Bikram, District- Patna ... ... Petitioner/s
Versus
1.
The Union Of India 2.
National Highway Authority of India through its Regional Office at D/63, Sri Krishnapuri, Patna 3.
The Competent Authority cum District Land Acquisition Officer, Patna 4.
The State of Bihar through the Principal Secretary, Revenue and Land Reform Department, Government 5.
The Director, Land Acquisition, Directorate of Land Acquisition, Revenue and Land Reform Department 6.
The Collector, Patna 7.
The District Sub Registrar, Patna 8.
The Circle Officer, Bikram, District- Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate For the Respondent/s :
Mr. Sunil Kumar Mandal, SC-3 :
Mr. Arjun Prashad, AC to SC-3 For the NHAI :
Dr. Maurya Vijay Chandra, Advocate :
Mr. Gaurav Govinda, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-07-2025 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
"for issuance of a writ in the nature of writ of mandamus or any other appropriate writ, order or direction commanding the respondents to
Patna High Court CWJC No.3077 of 2016(2) dt.15-07-2025 2/3 make compensation of Rs.30,87,014.37/- to the petitioners as per notice dated 21.01.2015 issued under section 3E of the National Highways Act 1956 in L.A. Case No. 70/2013-14 for acquisition of 0.182854 acre land situated in Mauza-Dadupur, in Khata No. 206, Khesra No.
739 in connection with the project namely "Widening of NH-98 Anisabad ArwalHariharganj Path".
3. The matter relates to the construction/widening of National Highway-98 (Anishabad-Arwal-Hariharganj Road) in which the lands of the petitioners were also acquired. The grievance is that earlier the compensation amount decided was later lower for which appropriate petition was preferred which remained unattended.
4. Learned State counsel as also learned counsel representing the National High Authority of India jointly submit that the petitioners can approach the competent authority under alternate remedy under section 3 G (5) of the National Highway Act, 1956.
5. Learned counsel for the petitioner submits that that they shall be appearing before the competent
Patna High Court CWJC No.3077 of 2016(2) dt.15-07-2025 3/3 authority/Arbitrator-cum-Divisional Commissioner, Patna Division, Patna for the redressal of their grievance in next four weeks.
6. If the petitioner approaches within the aforesaid period, the competent authority/Arbitrator-cum-Divisional Commissioner, Patna Division, Patna, after putting the parties on notice and hearing them, shall be taking a decision preferably by 31st of December, 2025.
7. It is further made clear that if the petition is preferred within four weeks from today, the concerned authority shall take into consideration that the petitioner's writ petition was pending before this Court while dealing with the limitation petition.
8. The writ petition stands disposed of.
(Rajiv Roy, J) vinayak/- U