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Patna High CourtCWJC/10982/2022disposed

Ram Kumar Mehta v. The State Of Bihar

2023-05-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10982 of 2022 ====================================================== Ram Kumar Mehta Son of Late Ramatar Prasad @ Ramatar Mehta, Resident of Vill.- Baradih, P.O.- Baragandhar, P.S.- Muffasil, Distt.- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Bihar State Road Development Corporation Ltd. (BSRDC), Govt. of Bihar, Patna.

3.

Union of India, through the Ministry of Road Transport and Highways (North), New Delhi.

4.

The Additional Secretary, The Revenue and Land Reforms Department, Govt. of Bihar, Patna.

5.

The Director, The Revenue and Land Reforms Department, Govt. of Bihar, Patna.

6.

The District Magistrate, Gaya.

7.

The Regional Officer, National Highway Authority of India, New Delhi. 8.

The Project Director Gaya-Hisua-Rajgir-Nalanda-Biharsharif Section of NH 82 project, Gaya.

9.

The District Land Acquisition Officer, Gaya Collectorate, Gaya. 10.

M/S Gayatri Projects, Hyderabad Contractor/Agency for NH-82 Project of Bihar.

11.

The Bihar Pollution Control Board, through its Chairman, Pariyavaran Bhawan, Patliputra Industrial State, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Gopal Sharan, Advocate For the State :

Mr.Navnit Kumar, AC to GP-18 For U.O.I.

:

Mr.Kumar Priyaranjan, CGC Mr.Vibhuti Kumar, Advocate For B.S.P.D.C.L.

:

Mr.Lalit Kishore, Sr.Advocate Mr.Manish Dhari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-05-2023 The present writ petition has been filed seeking the following reliefs:- "1. To command the Competent Authority cum

Patna High Court CWJC No.10982 of 2022(2) dt.01-05-2023 2/3 District Land Acquisition Officer, Collectorate, Gaya to give direction to the concerned Contractor/Agency who is deputed for GayaHisua-Rajgir-Nalanda- Biharsharif section of NH-82 Project at Mauza Mastalipur, Thana No.315, Anchal Manpur, Distt. Gaya for shifting the live trees which are on land of the petitioner having Khata No.113 Khesara No.88 of Mauza Mastalipur, Thana No.315, Anchal Manpur, Distt. Gaya to the another land of the petitioner at the cost of the Competent Authority because the said land of the petitioner has been acquired for construction GayaHisua- Rajgir-Nalanda-Biharsharif section of NH 62 project.

II. To command the Bihar Road and Transport Construction Deptt. to give direction to Competent Authority to provide mechanism and machine immediately for shifting the above said live trees to the another land of the petitioner and do not cut the live trees of the petitioner which comes across in development works of Gaya-Hisua-Rajgir-Nalanda-Biharsharif section of NH-82 project."

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so

Patna High Court CWJC No.10982 of 2022(2) dt.01-05-2023 3/3 sought, is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) kanchan/Saurav U