Balkrishna Kumar Singh v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12102 of 2022 ====================================================== Balkrishna Kumar Singh Son of Late Rajnandan Singh, Resident of VillageChhapra, P.O.- Chhapra, P.S.- Kanti, District- Muzaffarpur, Bihar- 843108 ... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Ministry of Road, Transport and Highway, New Delhi.
2.
The National Highway Authority of India through its Chairman, NHAI, New Delhi.
3.
The National Highway Authority of India, through its Regional Office at PIU- Chhapra, House of Gaytri Devi, Plot No.- A-1, Prabhunath Nagar, P.O.- Tari, P.S.- Muffasil, District- Saran, Pin Code-8431301 4.
The Project Director, PIU- Chhapra, House of Gaytri Devi, Plot No.- A-1, Prabhunath Nagar, P.O.- Tari, P.S.- Muffasil, District- Saran, Pin Code8431301, E Mail- Nhaichhapra@gmai.com 5.
The State of Bihar, Muzaffarpur Collectoreat, Muzaffarpur. 6.
Arbitrator-cum-Additional Collector, Muzaffarpur. 7.
The Competent Authority cum District Land Acquisition Order, N.H.-77 Project, Muzaffarpur Collectoreat, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner :
Mr. Mritunjay Kumar, Advocate For the N.H.A.I.
:
Mrs. Soni Shrivastava, Advocate For the State :
Mr. Mukul Prasad, AC to GP - 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner, learned counsel for respondent / N.H.A.I as well as learned State counsel.
2. This writ application has been filed for directing the respondents to set aside the Award Nos. 2 dated 18.03.2021, 14 dated 07.04.2021 and 22 dated 22.02.2021 of village Laskaripur and Award No. 24 dated 23.03.2021 of village
Patna High Court CWJC No.12102 of 2022(3) dt.11-01-2024 2/3 Sadatpur passed against the notification S.O. 2477 (E) dated 30.09.2009 by the Competent Authority cum District Land Acquisition Officer, Muzaffarpur, which as has been alleged, has been passed in supersession of power during pendency of Misc. Case No. 110 of 2017 (CIS No. Misc. 1110/17) in the Court of Addl. District Judge- XX, Muzaffarpur and Misc. Case No. 56 of 2017 (CIS No. Misc. 156/17) in the Court of Addl. District Judge- XIX, Muzaffarpur. It has been further prayed to direct the respondent authorities to pay the compensation to the Petitioner for acquired land as per the awards/orders dated 05.06.2017 of village Laskaripur passed in Arbitration Record Case No. 194/2013-14 and dated 18.05.2017 of village Sadatpur passed in situated in Arbitration Record Case No. 148/2013-14 respectively by the Ld. Arbitrator-cum-Additional Collector, Muzaffarpur.
3. However, after some argument, learned counsel for the petitioner requests for disposal of the writ petition with direction to learned Addl. District Judge - XX and Addl. District Judge- XIX of Muzaffarpur district to hear Misc. Case No. 110 of 2017 (CIS No. Misc. 1110/17) and Misc. Case No. 56 of 2017 (CIS No. Misc. 156/17) respectively and dispose of the same expeditiously.
Patna High Court CWJC No.12102 of 2022(3) dt.11-01-2024 3/3
4. In view of limited prayer made on behalf of petitioner, this writ application is disposed of with direction to the concerned Addl. District Judges, Muzaffarpur to dispose of the aforesaid cases, after hearing the parties, preferably within a period of six months from the date of receipt / production of copy of this order.
(Prabhat Kumar Singh, J) anay U