Prabhakar Kumar Singh v. The National Highway Authority Ministry Of Road Transport And National Highway And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11464 of 2017 ====================================================== Prabhakar Kumar Singh Son of Anil Kumar Singh, Resident of villageKulhariya, P.S. Koilwar, District- Bhojpur, Ara. ... ... Petitioner/s
Versus
1.
The National Highway Authority Ministry Of Road Transport And National Highway and Ors 2.
The State of Bihar, through the Chief Secretary Govt. of Bihar. 3.
The Commissioner, Patna.
4.
The Collector, Bhojpur at Ara.
5.
The Addl. Collector, Bhojpur at Ara.
6.
The Land reform District Collector, Bhojpur at Ara. 7.
The District Land Acquisition Officer, Bhojpura at Ara. 8.
The Sub-Divisional Magistrate, cum Addl. Land Acquisition Bhojpur at Ara. 9.
The Circle Officer, Koilwar Circle, Koilwar, District- Bhojpur. 10.
The Circle Inspector, Koilwar Circle, Koilwar, District- Bhojpur. 11.
The Halka Karamchari, Koilwar Circle, Koilwar, District- Bhojpura. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Kumar, Adv.
For the Respondent/s :
Mr.Sajid Salim Khan -SC25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-04-2025 Heard the parties.
2. The petition has been filed for:- "i. For the quashing of entire land acquisition proceeding by which land is being acquired for the wideness (Four lane) of National Highway 30 and NH-84 from Patna to Buxar in non compliance of the provision as laid down u/s. 3-C after publication of notification under section 3-A of
Patna High Court CWJC No.11464 of 2017(2) dt.22-04-2025 2/3 the National Highway Act 1956.
ii. Further quashing of the entire proceeding in non compliance of the provision as laid down u/s. 3-G of the National Highway Act 1956.
iii. For quashing of the entire proceeding also on the ground of, arbiterness in exercising the power by the State Government authorities as power referred and specified u/s. 5 & 6 of national High way Act 1956.
iv. To declare the quantum of award is invalid and illegal, determined without being heard the claim of the petitioner as provision laid down in Sub-clause-3 of the section 3-G of the National Highway Act 1956.
v. That after quashing of the entire proceeding, a direction be given to the respondents, to initiate a fresh proceeding for the land in question and to determine the award accordance with law or a direction be given to the respondents determine the to calculate and award of land in question at the rate of the market value as land of the Petitioner comes
Patna High Court CWJC No.11464 of 2017(2) dt.22-04-2025 3/3 within the categorically commercial, industrial or residential land, after hearing the claim of the petitioner.
vi. Any other relief/ reliefs be granted to the petitioner as so he is entitled in eye of law.
3. Learned counsel for the petitioner submits that he will be satisfied if the matter is taken up by the respondent no.3, the Arbitrator cum Commissioner, Patna for the redressal of his grievance where he shall be filing petition in next four weeks.
4. Learned State counsel submits that if the same is filed, it will be taken to its logical conclusion if still not taken.
5. Granting the said liberty, the writ petition stands disposed of.
(Rajiv Roy, J) perwez U