Sikandar Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5862 of 2018 ====================================================== Sikandar Singh Son of Dukhi Yadav @ Sukhdeo Singh, Resident of VilageSuara, P.O.- Pahleja, District- Rohtas. ... ... Petitioner/s

Versus

1.

The Union Of India 2.

The Secretary, National Highway, Road and Transport Authority, Govt. of India, New Delhi.

3.

The State of Bihar.

4.

The Director, Land Acquisition, Bihar, Patna. 5.

The Collector, Rohtas Bihar.

6.

The District Land Acquisition Officer, Rohtas Bihar. 7.

Raj Nath Singh, Son of Late Sukhdeo Singh @ Dukhi Singh, Resident of village- Suara, P.O. Pahleja, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Respondent/s :

Mr.Raj Kishore Roy-Gp18 For the NHAI :

Mr. S. N. Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2023 The grievance of the petitioner is that the land was acquired by the National Highway Authority for the purpose of construction of 6th lane of N.H. 2, but the compensation has not been given to the petitioner and the same has been given to respondent No. 7.

Learned Counsel appearing for the National Highway Authority of India relied upon Section 3-H (4) of National Highways Act, 1956, and submits that dispute regarding the wrong payment arises as to the apportionment of the amount or

Patna High Court CWJC No.5862 of 2018(4) dt.09-02-2023 2/2 any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction.

I have heard learned counsel for the parties concerned.

Taking into consideration the fact that compensation has not been paid to the petitioner and according to the petitioner, the petitioner is also owner of the land and was entitled to half of the compensation amount, but 100 per cent of the compensation amount has wrongly been paid to respondent No. 7, accordingly, I direct the petitioner to raise his claim before the competent authority for land acquisition (CALA), who, in turn, will refer the matter before the principal civil court of original jurisdiction in accordance with the provisions of Section 3-H (4) of National Highways Act for adjudication. With the aforesaid observation and direction, this writ application is disposed.

AFR/ Prabhakar Anand/- (Anil Kumar Sinha, J.) U √