Chandramukhi Devi v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4531 of 2015 ====================================================== Chandramukhi Devi Wife of Late Rameshwar Singh Resident of village - Buchaman, Post - Basudeopur Bira, P.S. Sadar, District - Darbhanga ... ... Petitioner/s

Versus

1.

The Union Of India and Ors Plot No. G - 5 and 6, Sector - 10, Dwarka, New Delhi - 110075 2.

The Chief General Manager - cum - Regional officer, National Highway Authority of India, D - 63, First Floor, Srikrishnapuri, Patna 800001 3.

The Project Director, office of Nation High Way Authority of India, C/o Shri S.N. Mishra, Professor Colony, Dighee West, Darbhanga - 846004 4.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms Land Ac 5.

The District Magistrate, Darbhanga 6.

The District Land Acquisition Officer, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Choudhary, Sr. Adv.

For the State :

Mr. Sarvesh Kumar Singh, AAG-13 Mrs. Sumita Kumari, AC to AAG-13 For NHAI :

Mr. Gaurav Govinda, Adv.

Ms. Ankita Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2025 Heard Mr. Alok Choudhary, learned Senior Counsel for the petitioner , Mr. Sarvesh Kumar Singh representing the State as also Mr. Gaurav Govinda for the NHAI.

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

for issuance of a writ in the nature of Mandamus directing and commending the respondent authorities to make payment of land occupied i.e. Plot No. 6090 and 6091

2/4 by the National Highway Authority of India for which compensation may be paid treating it to be a missing Khesra and further to make payment of remaining amount towards khesra no.-6092 in accordance with the existing policy and/or for issuance of any other appropriate writ/writs, order/orders, direction/directions which seem just and equitable in the facts and circumstances stated hereunder.

3. The matter relates to payment of land (plot no. 6090, 6091 and 6092) which relates to acquisition for the National Highway Authority of India for the purpose of construction of NH-57 crossing through the district of Darbhanga.

4. A counter affidavit of the respondent is/are on record showing that the Competent Officer-cum-District Land Acquisition Officer, Darbhanga has already been ear-marked the amount for making payment.

5. He has taken this Court to the NHAI documents that are part of the counter affidavit to show that for certain land, they wanted sale deed papers and also contacted the petitioner/land holder but she never showed any interest in it.

6. Learned counsel for the petitioner submits that following the new Act, Right to Fair Compensation and

3/4 Transparency in the Land Acquisition Act, 2013 (henceforth for short 'the Act'), if the payment has not been made, the authorities has to act in a change scenario.

7. Learned State Counsel as also the counsel representing the Central Government submits that the petitioner delayed the process which resulted into the matter still being remained pending for which they cannot be blamed.

8. At this stage, learned Senior Counsel submits that they shall be approaching the competent authority and shall ensure submission of all the documents so that the payment is/are made. The submission is that this will be subject to their rights which will remain reserved for approaching the appropriate Court for the redressal of the grievance under the new scenario.

9. The petitioner always has liberty/opportunity/ can reserve his/her rights if aggrieved by the steps that has been taken by the respondent. However, since they have made communication which reflects from the counter affidavit, it would be appropriate that the petitioner approaches as had already been undertaken and take the award amount following the execution of certain documents which have been sought for by the respondents and is free to thereafter act in accordance

4/4 with law.

9. With the aforesaid observation, the writ petition stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U