Baban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10535 of 2020 ====================================================== 1.

Baban Singh Son of Late Ramashray Singh Resident of Village- Dharhara, P.S.- Krishnabrahm, District- Buxar.

2.

Dhan Singh Son of Late Kamta Singh Resident of Village- Dharhara, P.S.- Krishnabrahm, District- Buxar.

3.

Rama Shankar Singh Son of Late Baijnath Singh Resident of VillageDharhara, P.S.- Krishnabrahm, District- Buxar. 4.

Hari Shankar Singh Son of Late Baijnath Singh Resident of VillageDharhara, P.S.- Krishnabrahm, District- Buxar. 5.

Bipin Bihari Singh Son of Late Baijnath Singh Resident of VillageDharhara, P.S.- Krishnabrahm, District- Buxar. 6.

Ramji Singh Son of Late Parshuram Singh Resident of Village- Dharhara, P.S.- Krishnabrahm, District- Buxar.

... ... Petitioner/s

Versus

1.

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

2.

The Revenue and Land Reforms Department, Government of Bihar through Director Land Acquisition.

3.

The District Collector, Buxar.

4.

The District Land Acquisition Officer-cum-Central Authority for Land Acquisition (CALA).

5.

The Circle Officer, Dumraon.

6.

The Chairman, National Highways Authority of India, New Delhi. 7.

The Regional Officer, National Highways Authority of India, D-63 Rajesh Kumar Path Sri Krishnapuri, Patna.

8.

The Project Director, National Highways Authority of India, Project Implementation Unit Patna, D-63 Rajesh Kumar Path Sri Krishnapuri, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinay Raj For the Respondent/s :

Mr. Lalit Kishore (AG) For the NHAI :

Mr. Kumar Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-08-2022 Heard the parties.

Counter affidavits have been filed on behalf of the

Patna High Court CWJC No.10535 of 2020(4) dt.23-08-2022 2/2 NHAI and other respondents which are taken on record. Petitioner is directed to file an application before the Competent Authority of Land Acquisition (in short, "CALA") which has been constituted under Section 3(a) of the National Highways Act 1956 by the Central Government within ninety days from today.

The dispute in question has to be referred to the "CALA" i.e. Commissioner-cum-Arbitrator under Section 3G5 of the National Highways Act. The Arbitrator will pass an appropriate order in accordance with law within six months from today.

With the aforesaid observations and directions, this writ petition is disposed of.

(Sandeep Kumar, J) Guddu/- U