Brajesh Kumar Singh v. The Director,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.121 of 2023 ====================================================== Brajesh Kumar Singh, son of Raja Ram Singh, Village Sadanandpur Baisa, P.O. Nandlalpur, P.S. Kahalgaon District Bhagalpur ... ... Petitioner/s

Versus

1.

The Director, National Highways Authority of India, New Delhi 2.

The Competent Authority, National High Ways Authority of India, Munger, Mirza Chowki Section Project.

3.

The State of Bihar, through the Commissioner-cum-Secretary, Department of Revenue, Bihar, Patna 4.

The District Magistrate-cum-Collector, Bhagalpur 5.

The District Land Acquisition Officer, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Pravina Kumari, Advocate Mr. Bijendra Kumar, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG12) Mr. Arun Kumar Bhagat, AC to AAG-12 For NHAI :

Mr. S. N. Pathak, Advocate Mr. Saurav Nikunj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 08-08-2023 Heard learned counsel for the petitioner, learned counsel for the National Highways Authority of India, and learned counsel for the State.

2. Pleading has been completed in this case.

3. The present writ petition has been filed for grant of compensation at a higher rate as the petitioner's land has been

Patna High Court CWJC No.121 of 2023 dt.08-08-2023 2/3 acquired for the construction of NH-80 (four-lane), but payment of compensation for the land has not been provided as per the existing market value.

4. Learned counsel for the petitioner submits that the land of the petitioner has been acquired for the construction of NH-80 (Munger-Mirza Chowk), but compensation has not been made properly. The petitioner has received the compensation but with objection and he wants enhancement of the compensation amount in view of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

5. Learned counsel for the National Highway Authority of India submits that the petitioner has a statutory remedy under Sections 3G(5) and 3G(6) of the National Highways Act, 1956.

4. In this view of the matter, the writ petition stands disposed of granting liberty to the petitioner to raise all his grievances under the statute within four weeks from today by filing the appropriate petition/application.

5. Needless to add that the authority under the statute shall consider and decide the petition/application filed by the petitioner within six weeks thereafter.

Patna High Court CWJC No.121 of 2023 dt.08-08-2023 3/3

5. With the aforesaid observation and direction, the present writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 11.08.2023 Transmission Date