Wakarul Hasan v. National Highway Authority Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17548 of 2024 ====================================================== 1.

Wakarul Hasan Son of Late Iftekharul Hasan Resident of Village-Tariama, Police Station -Bakhtiarpur, District - Saharsa. 2.

Sarfarazul Hasan Son of Late Iftekharul Hasan Resident of Village-Tariama, Police Station -Bakhtiarpur, District - Saharsa. 3.

Zulfakarul Hasan Son of Late Iftekharul Hasan Resident of Village-Tariama, Police Station -Bakhtiarpur, District - Saharsa. ... ... Petitioner/s

Versus

1.

National Highway Authority of India through its Chairman, G5 and 6 Sector 10 Dwarika, New Delhi.Bihar Patna 2.

The Project Director, National Highway Authority of India, (P.I.U.) Begusarai.

3.

The State of Bihar through Additional Chief Secretary, Department of Revenue and Land Reforms Department, Government of Bihar. 4.

The Commissioner, Koshi Division, Saharsa.

5.

The Collector, Saharsa.

6.

The District Land Acquisition Officer, Collectorate, Saharsa. 7.

The Circle Officer, Simri Bakhtiarpur, Begusarai. 8.

The Executive Officer, Nagar Panchayat, Simri Bakhtiarpur, Begusarai. 9.

The Sub-Registrar, Saharsa.

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

For the Petitioner/s :

Mr.Paritosh Parimal, Adv.

For the Respondent/s :

Mr.Government Advocate 10 For the Respondent :

Dr. Maurya Vijay Chandra, Adv.

Mr. P. Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-11-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For quashing the order dated 11.9.2023, passed by the Commissioner, Koshi Division, Saharsa, in Arbitration Case No. 65 of 2020, by which the objection of the petitioners regarding

Patna High Court CWJC No.17548 of 2024(2) dt.21-11-2024 2/2 improper fixation of compensation by describing the acquired land, situated at Mauza Bakhtiarpur, Thana No. 64, Khata No. 728, Khesra No. 5132, admeasuring an area of .076 acre, as Agricultural land, has been rejected. (ii). For commanding the respondents to pay fair compensation to the petitioners for their land acquired, in terms of National Highway Act, 1956 and RFCTLARR Act, 2013, after determination of Market value of the land in terms of the provisions incorporated in the said Acts."

2.

After some arguments, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, including that of challenging the aforesaid award dated 11.9.2023 by taking recourse to the remedy provided under Section 34 of the Arbitration and Conciliation Act, 1996. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U