Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 291 of 2023 ====================================================== 1.

Subhash Yadav Son of Late Kuldip Yadav Resident of Milkichak No.1, P.O. Janki Nagar, P.S. Ramnagar, District - Munger. 2.

Sanjiv Kumar Son of Rajendra Prasad Yadav Resident of Milkichak No.1, P.O. Janki Nagar, P.S. Ramnagar, District - Munger. 3.

Achutanand Yadav Son of Late Dukhi Yadav Resident of Milkichak No.1, P.O. Janki Nagar, P.S. Ramnagar, District - Munger. 4.

Ramanand Shastri, Son of Adhik Lal Prasad Resident of Milkichak No.1, P.O. Janki Nagar, P.S. Ramnagar, District - Munger. 5.

Aniklal Yadav Son of Jatadhar Yadav Resident of Milkichak No.1, P.O. Janki Nagar, P.S. Ramnagar, District - Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Acquisition and Revenue Department, Government of Bihar, Patna. 2.

The Commissioner Cum-Arbitrator, Munger.

3.

The District Magistrate, Munger 4.

The A.D.M., Munger.

5.

The Land Reforms Officer, Munger.

6.

The Sub-Divisional Officer, Munger, 7.

The Land Acquisition Officer, Munger 8.

The Project Manager, National Highway authority, 80. 9.

The Circle Officer, Munger.

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

For the Petitioner/s :

Mr. Deep Nishi, Adv.

For the Respondent/s :

Mrs. Prakritita Sharma, (AC to SC-25) For the N.H.A.I.

:

Mr. Dr. Anand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner, learned counsel for the N.H.A.I. and learned counsel for the State.

2. Present Writ application has been filed by the petitioner seeking direction to the Respondent to provide the solatium/compensation amounting Rs. 4,16,000/- per dismal on his four different lands mentioned in the Writ petition, acquired

Patna High Court CWJC No. 291 of 2023(2) dt.20-06-2023 2/2 for construction of N.H. 80, bearing case no. 24/18-19 and award No. 4/20, 24/39, 24/40, Mauza, Milkichak No.1, Anchal Sadar Munger, District-Munger were prepared.

3. Counsel for N.H.A.I submits that according to the statute of National Highway Act, 1956 (48 of 1956) the remedy available to the petitioner is before the arbitrator and in the present matter the Commissioner, Bhagalpur is the arbitrator relating to such types of dispute for N.H.-80.

4. Counsel for the State agrees on the argument of counsel for the N.H.A.I.

5. In the present facts and circumstances, under Section 3G(5) of the N.H. Act, 1956, the petitioner is directed to file his representation before the Commissioner, Bhagalpur in the nature of statement of claim, within four weeks from today.

6. It is also directed that the arbitrator shall decide on the statement of claim of the petition within 8 months.

7. With the aforesaid direction, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) Ashishsingh/- U