Patna High CourtCWJC/14534/2014disposed

Prabha Devi v. The State Of Bihar And ORS

2017-09-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14534 of 2014 ======================================================

1. Prabha Devi W/o Gupteshwar Sah Resident of Village Amara, P.O. Karwandiya, P.S. Sasaram, District Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Rohtas.

3.The Chief Dedicaled trieght Corrider Prefect Manager, Railways, Mugalsarai (U.P.).

4. The Divisional Railways Manager, E.C. Railways, Mugalsarai (U.P.).

5. The District Land Acquisition Officer, Sasaram, Rohtas.

6. The Project Railway.

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Respondent/s : Mr. Neeraj Kumar Gupta For the Railway Mr. Siddhartha Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-09-2017 Heard the parties.

The grievance of the petitioner is that her land was acquired treating the said land as residential though the nature of aforesaid land is commercial cum residential. The petitioner claims that she has filed petition before the District Land Acquisition Officer, Rohtas, Sasaram for redressal of her grievance but the same has not been redressed as yet. However, learned counsel for the DFCCIL (respondent nos. 3 to 6) drew my attention towards sub-section 6 of Section 20 F of the Railways Act 1989 and submits that if the

Patna High Court CWJC No.14534 of 2014 (2) dt.12-09-2017 2/2 petitioner does have any grievance regarding the valuation of the land, she may raise her grievance before the Arbitrator appointed by the Central Government. It is further submitted by the learned counsel for the respondent nos. 3 and 4 that Central Government has already appointed Arbitrator.

In view of the aforesaid facts and circumstances, this writ petition stands disposed of giving liberty to the petitioner to raise her grievance before the Arbitrator appointed by the Central Government within six weeks annexing this order and, if the petitioner does so, the Arbitrator shall pass appropriate order in accordance with law on the representation/ application of the petitioner within three months from the date of its filing. (Hemant Kumar Srivastava, J) N.K/- U