Manoj Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16312 of 2025 ====================================================== Manoj Ray son of Bansi Ray, Resident of village- Vaishali, Ward No.3, P.O. and P.S. Vaishali, District Vaishali at Hajipur. ... ... 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 Divisional Commissioner, Tirhut Division, Muzaffarpur 3.
The Collector, Vaishali at Hajipur, District - Vaishali at Hajipur. 4.
The District Land Acquisition Officer, Vaishali at Hajipur, District - Vaishali at Hajipur.
5.
The Sub-Divisional Officer, Hajipur, District - Vaishali at Hajipur. 6.
The Circle Officer, Vaishali, District - Vaishali at Hajipur. 7.
The National Highway Authority of India through the Project Director, Project Implementation Unit, Shivpuram Colony Near Hanuman Mandir, Sainik Colony Road, Gola Road Danapur, Patna. 8.
The Project Director, The National Highway Authority of India, Project Implementation Unit, Shivpuram Colony, Near Hanuman Mandir, Sainik Colony Road, Gola Road, Danapur, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awnish Kumar, Adv.
For the Respondent/s :
Mr. Standing Counsel 20 For the State :
Mr. Mahendra Prasad Verma, Adv.
For the NHAI :
Mr. Rajesh Kumar Shandilya, Adv.
Ms. Ankita Kumari, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 10-11-2025 Heard the learned counsel for the petitioner as well as the learned counsel for the respondents.
2. Learned counsel for the petitioner submits that the private lands of the petitioner have been acquired by the National Highway Authority of India (NHAI), an award has been passed and the petitioner was paid compensation which
Patna High Court CWJC No.16312 of 2025(2) dt.10-11-2025 2/3 was received under protest. Learned counsel submits that the petitioner has given a representation/ application to the respondent No. 4 herein (i.e., the District Land Acquisition Officer, Vaishali at Hajipur) but till date the authority has neither forwarded the said representation/ application to the concerned authority nor taken any steps for enhancement of the compensation. Learned counsel, therefore, seeks a direction from this Court to direct the respondent No. 4 herein to take necessary steps for either forwarding the said representation to the concerned authority or for enhancing the compensation.
3. Learned counsel appearing on behalf of the respondent-National Highway Authority of India submits that under the National Highways Act, 1956 more specifically, Section 3G(5) if any claimant is aggrieved by the quantum of compensation, the remedy available to the said person is to file an application before an arbitrator appointed by the Central Government. Learned counsel submits that in this particular case, the Divisional Commissioner of Tirhut Division, Muzaffarpur (Respondent No. 2) is the competent authority and the petitioner may be directed to give a suitable application seeking enhancement of the compensation before the said authority and the said authority will decide the same strictly in
Patna High Court CWJC No.16312 of 2025(2) dt.10-11-2025 3/3 accordance with the provisions of the Act.
5. The petitioner is granted four weeks' time to submit his application before the Divisional Commissionercum-Arbitrator, Tirhut Division, Muzaffarpur (i.e., the respondent No. 2 herein) ventilating his grievance. On such application/ representation being made, the same shall be decided strictly in accordance with law. Before passing the orders, the authority shall put all the parties on notice and give them an opportunity of hearing. Any orders passed shall be communicated to the parties. The authority shall endeavor to dispose of the application as expeditiously as possible.
7. With the above direction, the present writ petition stands disposed of.
(A. Abhishek Reddy , J) Gauravkr/- U