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Patna High CourtCWJC/10975/2023disposed

Nayak Sah v. The State Of Bihar

2024-07-02Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10975 of 2023 ====================================================== Nayak Sah Son of Late Kedar Sah Resident of Village-Hansrajpur, P.O.- Ekma, P.S.-Ekma, District-Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Divisional Commissioner, Saran at Chapra. 3.

The District Land Acquisition Officer, Saran at Chapra. 4.

The Project Director, Chapra, National Highway Authority of India, PIU (Project Implementation Unit), Saran, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amish Kumar Mr. Shankar Kumar Choudhary For the State :

Mr. Khurshid Alam, AAG-12 For the NHAI : Mr. Kumar Goutam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the NHAI.

2. The present writ petition has been filed for a direction to the Respondent No. 2 to consider and dispose of the Arbitration Appeal No. 26 of 2021 which was filed under Section 3 G (5) of the National Highway Act, 1956 for enhancement of the amount of compensation granted in relation to land acquisition by the National Highway Authority Act pending since 17.03.2021.

3. Although the counter affidavit has been filed on behalf of the State, the stand taken by the State authority that the

Patna High Court CWJC No.10975 of 2023(2) dt.02-07-2024 2/2 Respondent No. 2 has called for the LCR but the appeal is still pending for consideration.

4. In view of the aforesaid, the writ petition stands disposed of with a direction to the Divisional Commissioner, Saran at Chapra ( Respondent No. 2 ) to dispose of the Arbitration Appeal No. 26 of 2021 which is pending since 2021 in accordance with law within a period of four months from today.

5. With the aforesaid direction, the writ petition stands disposed of.

(Rajesh Kumar Verma, J) Ibrar//- U