M/S Hill Mount Pharmaceuticals Pvt. Ltd. v. The National Highway Authority Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11722 of 2023 ====================================================== M/s Hill Mount Pharmaceuticals Pvt. Ltd. having its registered office at Mohalla- Shamir Takiya, Near Sursha Mandir, Police Station- Civil Lines, District- Gaya, through its Managing Director Chitranjan Prasad Verma, Male, aged about 62 years, Son of Late Gopal Sharan Verma, Resident of Mohalla- Shamir Takiya, Near Sursha Mandir, Police Station- Civil Lines, District- Gaya.

... ... Petitioner/s

Versus

1.

The National Highway Authority of India having its office at G-5 and 6, Dwarika, Sector- 10, Delhi, 110075.

2.

The Project Director, National Highway Authority of India, Regional Office at D-63, Sri Krishnapuri, Police Station- S.K. Puri, Town and District- Patna. 3.

The Arbitrator-cum- Commissioner, Magadh Division, Gaya. 4.

The State of Bihar, through Collector, Gaya.

5.

The Additional Collector, Gaya.

6.

The Deputy Collector Land Reforms, Gaya.

7.

The District Land Acquisition Officer cum Competent Authority for Land Acquisition, Under National Highway Act having its office at Gaya, DistrictGaya. 8.

The Deputy General Manager (Technical), PIO (NH-82), Bihar State Road Development Corporation Limited, Gaya, 1st Floor, Saroj Complex, Byepass, Bighgaya Road, Kendui, District- Gaya. 9.

Ministry of Road, Transport and Highway through its Secretary Presently by its regional Office, Village- Chakmusa, Near Nakati Bhawan Mandir on N.H.-98, Post Mohammadpur Kurji Via Khagaul, Patna- 801105. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Ranjan, Advocate For the State :

Mr.Raj Kishore Roy, GP-18 For the respondent/s :

Dr. K.N. Singh, ASG Mrs. Parul Prasad, CGC Mr. Aditya Anand, Advocate For NHAI :

Mr. Sriram Krishna, Advocate For B.S.R.D.C.L :

Mr. P.K. Shahi, Sr. Advocate Mr. Manish Dhari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-07-2026 Heard Mr. Sanjeev Ranjan, learned counsel for the petitioner, Mr. P.K. Shahi, learned Senior Counsel for BSRDCL

2/5 and Dr. K.N. Singh, learned Senior Counsel for the Union of India as also Mr. Raj Kishore Roy, G.P.-18 for the State.

2. The present petition has been preferred for the following relief/s:

(i) for a writ of mandamus commanding the respondent to enforce the order dated 03.02.2023 passed in Arbitration Case No.

342 of 2018 by the respondent no.3 and direct the respondent no.7 and 8 to make the requisite payment of RS.33,58,279 alongwith interest forthwith to the petitioner company as the Award has attained finality and respondent no.7 has amended the original award but the respondent no.7 and 8 are delaying the payment of amount prepared under Award pursuant to order passed in Arbitration Case No. 342 of 2018:

(ii) for any other relief/reliefs to which the petitioner is found entitled in the facts and circumstances of the case.

3. Pursuant to the order dated 06.07.2026, the District Land Acquisition Officer, Gayaji, Mr. Ravindra Ram is present

3/5 in the Court and has informed that the amount of the petitioner now stands transferred in her account.

4. Learned counsel for the petitioner submits that there may be technical issues but till the matter has been taken up, the payment has not come in his account. He as such seek liberty to agitate the matter, if situation so arise. Learned counsel further submits that he be granted liberty to agitate the matter so far as the quantum of amount that has been cleared to the company is concerned.

5. The said liberty is always available to the litigants much less the petitioner.

6. In view of the statement that has come before this Court by non-else than the District Land Acquisition Officer, Gayaji that the payment has been made, granting liberty to the petitioner to agitate the matter so far as other grievances are concerned, the writ petition is disposed of.

7. The I.A., if any, stands disposed of.

8. So far as the case of Usha Sinha (C.W.J.C. No. 2701 of 2025) and Prabha Devi (C.W.J.C. No. 6424 of 2026) are concerned, it has been informed by the District Land Acquisition Officer, Gayaji that he needs approval from the B.S.R.D.C.L. and has assured that within a week of approval, the payment

4/5 shall be made.

9. Dr. K.N. Singh, learned Senior Counsel representing the Union of India submits that the letter dated 19.05.2026 issued by the B.S.R.D.C.L. contains altogether 262 claimants and for the allocation of fund, 'the MoRTH' may take some time. He, however, assures that if a separate request letter of B.S.R.D.C.L. regarding payment to Prabha Devi (Supra) and Mrs. Usha Sinha (Supra) are sent within a week of the request letter by the B.S.R.D.C.L., necessary approval shall be made.

10. From the aforesaid fact, it is clear that both the District Land Acquisition Officer, Gayaji as also 'the MoRTH' need document/approval/correspondence from the B.S.R.D.C.L.

11. Mr. P.K. Shahi, learned Senior Counsel representing the B.S.R.D.C.L. submits that the concerned respondents shall be issuing a fresh request letter so far as the aforesaid two cases are concerned, at an earliest to be precise within 48 hours. He further submits that approval shall also be sent to the D.L.A.O., Gayaji regarding payment to the Usha Devi and Prabha Devi.

12. In that background, let the matter come up on 03.08.2026 when the respondents including the District Land Acquisition Officer, Gayaji shall be filing affidavits so that the

5/5 two cases are taken to its logical conclusion. The personal appearance of Mr. Ravindra Ram, the District Land Acquisition Officer, Gayaji stands dispensed with.

(Rajiv Roy, J) Ravi/- U