Laxman Paswan @ Lakshman Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16301 of 2025 ====================================================== Laxman Paswan @ Lakshman Paswan Son of Nageshwar Paswan, Resident of Village- Rampur, Police Station- Amas, District- Gaya. ... ... 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 Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
3.
The District Magistrate-cum-Collector, Gaya.
4.
The District Land Acquisition Officer, Gaya.
5.
The National Highway Authority of India, having its office at G-5 and 6, Dwarika, Sector-10, Delhi, 110075.
6.
The Project Director-cum-Regional Director, National Highway Authority of India, Regional Office at D-63, Sri Krishnapuri, Police Station- S.K. Puri, Town and District- Patna.
7.
The Divisional Commissioner-cum-Arbitrator, Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh For the Respondent/s :
Mr. Government Pleader (22) :
Mr. Narendra Kr. Singh, AC to GP22 ====================================================== 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 was received under protest. Learned counsel submits that the petitioner has given a representation/ application to the
Patna High Court CWJC No.16301 of 2025(2) dt.10-11-2025 2/3 respondent No. 4 herein (i.e., the District Land Acquisition Officer, Gaya) 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 Gaya Division 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 accordance with the provisions of the Act.
4. Having regard to the same, learned counsel for the petitioner is permitted to make the Divisional Commissioner-
Patna High Court CWJC No.16301 of 2025(2) dt.10-11-2025 3/3 cum-Arbitrator, Gaya as a party respondent No. 7 herein during the course of the day.
5. The petitioner is granted four weeks' time to submit his application before the Divisional Commissionercum-Arbitrator, Gaya (i.e., the respondent No. 7 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.
6. Registry is directed to make necessary correction in the cause title accordingly.
7. With the above direction, the present writ petition stands disposed of.
(A. Abhishek Reddy, J) Ayush/- U