Ashwani Kumar v. The National Highway Authority Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15575 of 2022 ====================================================== 1.

Ashwani Kumar Son of Late Rajkishor Yadav Resident of Near Maltahi Railway Station, Maltahi, Police Station- Madhepura, District- Madhepura. 2.

Santosh Kumar, Son of Late Rajkishor Yadav Resident of L.I.C. Office, Ward No.- 19, Jaypalpatti, Police Station- Madhepura, District- Madhepura. ... ... Petitioners

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 Divisional Commissioner, Saharsa Division, Madhepura. 4.

The State of Bihar, through Collector, Madhepura. 5.

The Additional Collector, Madhepura.

6.

The Deputy Collector Land Reforms, Madhepura. 7.

The District Land Acquistion Officer cum Competent Authority for Land Acquisition, Under National Highway Act having its office at Madhepura, District- Madhepura.

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

For the Petitioner/s :

Mr. Sanjeev Ranjan, Advocate For the State :

Mr. Atul Shankar, AC to SC-19 For the NHAI : Dr. Anand Kumar, Advocate Mr. Rajan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-07-2024 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the NHAI.

2. Learned counsel for the petitioners submits that in view of Section 3G(5) of the N.H. Act, 1956, the petitioners may approach before the Arbitrator-cum-Divisional Commissioner, Saharsa Division, Madhepura.

3. In view of the aforesaid, the writ petition stands

Patna High Court CWJC No.15575 of 2022(2) dt.30-07-2024 2/2 disposed of with a direction to the petitioners to file an appropriate applications/representations under 3G(5) of the N.H. Act, 1956 before the Arbitrator-cum-Divisional Commissioner, Saharsa Division, Madhepura (Respondent No. 3). If the petitioners file an appropriate applications/representations before the respondent no. 3 within a period of six weeks, the respondent no. 3 is directed to dispose of the representations/applications of the petitioners within a period of six months from the date of filing of such representations/applications in accordance with law.

4. With the aforesaid directions, the writ petition stands disposed of.

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