Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12010 of 2024 ====================================================== Anil Singh S/o Late Ramnath Singh Resident of village- Titara, P.S.- Mairwa, District- Siwan. At present residing at 105/31 Girish Ghosh Road, 17 Bally, P.S.- Belur, District- Howrah-711202.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Divisional Commissioner, Saran at Chhapra. 4.

The District Magistrate-cum-Collector, Siwan. 5.

The District Land Acquisition Officer, Siwan. 6.

The Circle Officer, Jiradei, Siwan.

7.

The Chief General Manager, Regional Office, National Highway Authority of India, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Rai, Advocate For the State :

Mr. Sajid Salim Khan, SC-25 Mr. Arif Daula Siddiqui, AC to SC-25 For the NHAI :

Mr. Sriram Krishna, Advocate Mr. Prabhat Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-08-2024 Heard Mr. Satyendra Rai, learned Advocate for the petitioner and Mr. Sriram Krishna, learned Advocate for NHAI. Mr. Arif Daula Siddiqui, learned Advocate for the State is also present.

2. The petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeks a direction upon the respondent authorities to ensure the computation of compensation amount of his land

Patna High Court CWJC No.12010 of 2024(2) dt.12-08-2024 2/2 under the commercial rate in place of agricultural rate as calculated vide notice dated 13.03.2024.

3. Learned Advocate for the respective parties fairly contended that the land in question was acquired in pursuant to Land Acquisition Case No.28 of 2023-2024 for construction of Ramjanaki Path Pariyojana NH-227A.

4. Admittedly the petitioner has efficacious statutory remedy under Section 3G(5) of the National Highways Act, 1956 wherein the Divisional Commissioner, Saran has made arbitrator under the notification issued by the Union of India.

5. In view of the aforesaid facts and taking note of the grievance raised before this Court, the present writ petition stands disposed off with a liberty to the petitioner to approach before the learned Arbitrator in terms of Section 3G(5) of the National Highways Act, 1956.

6. The writ petition stands disposed off with the liberty aforesaid.

(Harish Kumar, J) durgesh/- U