Tilak Dhari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12747 of 2019 ====================================================== Tilak Dhari Singh son of Late Ramsakal Singh resident of Village- Bhairva Bhagwanpur, Police Station- Shivsagar, District- Rohtas. ... ... Petitioner

Versus

1.

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

2.

The District Magistrate-cum- Collector, District- Rohtas, Sasaram. 3.

The Additional Collector, District- Rohtas, Sasaram. 4.

The Competent Authority Cum District Land Acquisition Officer, Rohtas, Sasaram.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Rakesh Kumar Mr.Rikesh Sinha For the Respondent State:

Mr.Md. Khurshid Alam (Aag12) Mr. Majid M. Khan, AC to AAG-12 For the NHAI :

Mr.S.N.Pathak, SC ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-07-2019 The land of the petitioner, as described in paragraph 1 of the writ application, has been acquired under the National Highway Act, 1956. The petitioner is, however, not satisfied with the amount of compensation determined against the said acquisition. According to the petitioner, though determination of the amount of compensation ought to have been made treating the land in question to be commercial in nature, the same has been treated to be agricultural.

The petitioner has remedy under Section 3G(5) of the Act by raising objection against the determination of the amount

Patna High Court CWJC No.12747 of 2019(2) dt.15-07-2019 2/2 of compensation.

This application is accordingly disposed of with the observation that the petitioner shall have liberty to invoke the provisions of Section 3G(5) of the Act claiming higher rate of compensation. If any objection is made, the Court expects that the same shall be considered and disposed of expeditiously in accordance with law.

This writ application stands disposed of with aforesaid observation.

(Chakradhari Sharan Singh, J) Pawan/- U