Lallan Giri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15100 of 2015 ====================================================== Lallan Giri son of late Mahant Dinesh Datt Giri, resident of VillageKulahariya, P.O. Karmnasa, P.S.- Durgawati, District- Kaimur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Director, Land Acquisition, Government of Bihar, Patna. 4.

The Additional Collector cum Arbitrator, Kaimur. 5.

The District Magistrate, Kaimur.

6.

The District Land Acquisition Officer, Kaimur, Bhabhua. 7.

The SDO, Mohaniya.

8.

The LRDC, Mohaniya, Kaimur.

9.

The Cirlce Officer, Durgawati.

10.

The National Highway Authority of India, Varanashi through its Project Director.

11.

The Project Director, National Highway Authority of India, Varanashi, U.P. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Adv.

Mr. Ashutosh Ranjan Pandey, Adv.

Mr. Sanjay Gandhi, Adv.

For the State :

Mr. Ajay Behari Sinha, GA-8 Mr. Suryakant Kumar, (AC to GA-8) For the N.H.A.I.

:

Mr. S. N. Pathak, Adv.

Mr. Saurav Nikunj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the N.H.A.I.

2. The present writ application has been filed against the order dated 14.03.2015 passed by the Additional Collectorcum-Arbitrator in Misc. Case No. 213 of 2014-15.

Patna High Court CWJC No. 15100 of 2015(2) dt.17-08-2023 2/2

3. Learned counsel for the N.H.A.I. submits that the present matter is relating to the acquisition of land under National Highways Act, 1956, [48 of 1956] (hereinafter referred to as 'the Act of 1956') and the remedy is already available to the petitioner under Section 3G(6) of the Act of 1956 according to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 [Act 26 of 1996] shall apply to every arbitration under this Act.

4. In this view of the matter, this writ application is disposed of directing the petitioner to avail his remedy under the Arbitration and Conciliation Act, 1996 as mentioned in Section 3G(6) of the Act of 1956.

5. The limitation if any is hereby condoned.

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