Prahlad Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.95 of 2021 ====================================================== Prahlad Kumar Mahto Son of Ramdeo Mahto Resident of Village and P.O.- Bheja, P.S.-Bheja, District-Madhubani.

... ... Petitioner/s

Versus

1.

The Union of India, through the Secretary Department of Road Transport Highway, Government of India, New Delhi.

2.

The Director Indian National Highway Authority. 3.

The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar. Patna. 4.

The Collector Madhubani.

5.

The Land Acquisition Officer Cum Competent Authority National Highway Madhubani.

6.

The Additional Collector Cum Arbitrator National Highway, Madhubani. 7.

The Executive Engineer, Building Construction Department, Madhubani. 8.

N.H.A.I ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

:

Mr. Gagan Deo Yadav, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy, GP-18.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the NHAI.

2. Counsel for the petitioner submits that petitioner has grievances against the respondent on the compensation amount for the land which has been acquired for the purpose of construction of National Highway. Counsel fairly submits that under law particularly in the light of Section 3G (5) of the National Highway Act, 1956, his remedy lies before Arbitrator (Commissioner, Darbhanga). He further submits that petitioner

Patna High Court CWJC No.95 of 2021(6) dt.20-06-2023 2/2 has already filed his statement of claim before the Arbitrator which is annexed as Annexure-4 in the writ petition but there is no development and matter is pending since 2020.

3. Counsel for the State and counsel for the NHAI submit that the petitioner is not entitled for any relief from this Court as he has already filed an application seeking appropriate remedy before the competent forum.

4. In this background, the Commissioner, Darbhanga is directed to decide the arbitration proceeding as claimed by the petitioner filed in the year 2020 as expeditiously as possible.

5. With this observation, the present Writ Petition stands disposed off.

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