Ram Ayodhya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13975 of 2023 ====================================================== 1.

Ram Ayodhya Singh Son of Late Jaglal Singh, Resident of Village - Bakarpur, Police Station - Sonepur, District - Saran. 2.

Birendra Singh, Son of Late Ram Nath Singh, Resident of Village - Chausiya, Police Station - Sonepur, District - Saran. 3.

Kamakhya Narayan, Son of Late Triloki Nath Singh, Resident of Village - Bakarpur, Police Station - Sonepur, District - Saran. 4.

Baccha Babu, Son of Late Ram Kripal Singh, Resident of Village- Bakarpur, Police Station - Sonepur, District - Saran.

5.

Akhilesh Sah, Son of Shambhu Sah, Resident of Mauza- Bakarpur, Police Station - Sonepur, District - Saran.

... ... Petitioner/s

Versus

1.

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

The District Land Acquisition Officer, District - Saran at Chapra. 3.

The National Highways Authority of India, I-63, 1st Floor, Rajesh Kumar Path Sri Krishnapuri, Boring Road, Patna - 800001 (Bihar) through its Regional Manager.

4.

The Project Director, National Highways Authority of India, Motihari, District - East Champaran.

5.

The Joint Secretary to the Government, Department of Health, Vikash Bhawan, Patna - 800001.

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

For the Petitioner/s :

Mr. Dhanendra Chaubey, Advocate For the Respondent/s :

Mr. Sajid Salim Khan (Sc25) Mr. Wasi Ahmad Khan, AC to SC 25 For NHAI :

Mr. S. N . Pathak, Advocate Mr. Saurav Nikunj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2024 Heard learned counsel for the parties.

2. This writ application has been filed for issuance of direction to the Respondents not to acquire the land of petitioners, proposed to be acquired in view

Patna High Court CWJC No.13975 of 2023(2) dt.29-01-2024 2/3 of Government Gazette Notification No. 00 2922(A) dated 26.07.2021 published in Daily News Paper, Dainik Bhaskar dated 15.08.2021 for the project "no yet to be assigned" in Saran district Bihar State from 0 KM to 15.7 KM (Saran) for 2 Lane/4 Lane under Section 3A(1) of the National Highways Authority Act, 1956 because the land holders (Petitioners here) have no other lands except the lands proposed to be acquired in Mauza Bakarpur and Govindchak of saran district for which these petitioners have submitted their objections in view of the provisions of Section 3-C(1) of the NHAI Act and further to pass any other order/orders to which the petitioners found entitled.

3 . After some arguments, learned counsel for the petitioners requests to dispose of this writ petition and also to direct the respondent No. 2, the District Land Acquisition Officer, Saran at Chapra, to dispose of the application pending before him, which is said to have been filed by these petitioners on August 15, 2021.

4. In view of the nature of grievance made on

Patna High Court CWJC No.13975 of 2023(2) dt.29-01-2024 3/3 behalf of the petitioners, this writ petition is disposed of with a direction to the respondent No. 2 ( the District Land Acquisition Officer, Saran at Chapra) to dispose of the aforesaid application filed on behalf of the petitioners in accordance with law preferably within a period of three months from the date of receipt/production of copy of this order.

(Prabhat Kumar Singh, J) Koushik/- U