Prasidh Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14183 of 2023 ====================================================== Prasidh Narayan Singh Son of Late Vishwanath Singh, Resident of VillageBheri, P.O. and P.S.- Chand, District- Kaimur (Bhabua). ... ... Petitioner/s

Versus

1.

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

2.

The Deputy Collector Land Reforms Cum Competent Authority For Land Acquisition under the National Highway Act, 1956 having its office at Bhabua (Kaimur).

3.

The Anchal Adhikari, Chand, District Bhabua (Kaimur). 4.

The Project Director, A.I.U. Aurangabad, National Highway Authority, Patna.

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

For the Petitioner/s :

Mr. Satish Kumar Sinha, Advocate For the Respondent/s :

Mr. W.A. Khan, AC to SC 25 For the NHAI :

Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner, State and the NHAI.

2. Present writ petition has been filed for the following reliefs:

"A. To exclude the land of the petitioner appertaining to Plot No. 94 Area 0.4974 hectares, under the Khata No. 23 situated at Mauza- Bheri, Revenue Thana No. 35, P.O.&P.S.- Chand, DistrictBhabua (Kaimur) from the Notification issued under Section 3D of the National Highway Act, 1956 (Hereinafter referred to as "the Act") published in Dainik Jagaran (Hindi News Paper) from the acquisition for the purpose of the

Patna High Court CWJC No.14183 of 2023(2) dt.03-01-2024 2/3 construction of road under the Bharat Mala Project- II (Varanasi-Ranchi-Kolkata Expressway) after getting its production from the office of the respondents.

B. To direct the respondent Deputy Collector Land Reforms, Bhabua (Kaimur) to decide the nature of the land in question afresh after proper verification of the related documents as well as conducting spot enquiry in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as well as various government order/letter after quashing of the order dated 07.02.2023 passed in Abhilekh Vaad Sankhya 56/2022-23 in presence of the petitioner."

3. Learned counsel for the NHAI raises preliminary objection to the effect that an alternative remedy is available to the petitioner by way of filing appropriate application under Section 3G(5) of The National Highways Act, 1956 which reads as:

"If the amount determined by the competent authority under sub-section (1) or subsection (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government."

4. Learned counsel for the petitioner does not dispute

Patna High Court CWJC No.14183 of 2023(2) dt.03-01-2024 3/3 the above proposition.

5. In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

6. Petitioner shall be at liberty to seek remedy before the appropriate forum as may be available to him in accordance with law.

7. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

8. Writ petition stands disposed of with the aforesaid observations.

(Prabhat Kumar Singh, J) Navya/- U