Patna High CourtCWJC/23613/2013disposed

Dasharath Paswan v. The State Of Bihar And ORS

2016-01-04Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23613 of 2013 ====================================================== Dasharath Paswan, Son Of Late Shalik Ram, Resident Of Village - Anant Mirzapur, Saidpur Digwara, P.S. Digwara, District - Saran .... .... Petitioner/s

Versus

1. The State Of Bihar, through the Chief Secretary, Government of Bihar, Patna

2. The Commissioner, Saran at Chapra

3. The District Magistrate, Saran at Chapra

4. The District Land Acquisition Officer, Saran at Chapra

5. The Additional District Magistrate, Saran at Chapra

6. The S.D.O. Sonepur, Saran

7. The Circle Officer, Dighwara, Saran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Mishra, Adv. For the Respondent/s : Mr. Krishna Chandra, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-01-2016 Heard the parties.

The grievance of the petitioner is that, though the lands belonging to him have been acquired under the provisions of The National Highways Act, 1956 (in short 'Act, 1956'), but the amount of compensation determined by the competent authority was inadequate and the persons having land adjacent to the lands of the petitioner have been given higher amount of compensation. The learned counsel appearing on behalf of the petitioner submits that despite the representation submitted by the petitioner the valid grievances have not been redressed by the authorities concerned.

The learned AC to AG appearing on behalf of the respondents, on the other hand, submits that, in view of the nature of the grievances raised on behalf of the petitioner, the petitioner has an alternative and efficacious remedy before the Arbitrator in

Patna High Court CWJC No.23613 of 2013 (2) dt.04-01-2016 terms of Section 3-G(5) of the Act, 1956.

In view of the aforesaid submissions, the present writ petition is disposed of with a liberty to the petitioner to approach the Arbitrator under Section 3-G(5) of the Act, 1956 for redressal of his valid grievances.

If such a petition is filed on behalf of the petitioner, the parties shall be at liberty to raise all the issues of facts and law, which may be available to them, with respect to the claims raised on behalf of the petitioner.

(Birendra Prasad Verma, J) Arvind/- U