Jai Prakash Narayan v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17841 of 2024 ====================================================== Jai Prakash Narayan S/o Ramchandra Pandit R/o Village-Saidpur, P.O.- Pinjarawa, P.S.-Kurtha, District-Arwal, Presently Residing- Ramnagar Bengali Tola P.S.-Jakanpur P.O.-GPO, District-Patna. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary Ministry of Road Transport and Highway New Delhi.

2.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department Bihar Patna.

3.

The National Highway Authority of India, through its Project Director, Project Implementation Unit, Vivekanand Marg Boring Road Patna. 4.

The Project Director Project Implementation Unit NHAI Vivekanand Marg Boring Road Patna.

5.

The District Magistrate, Patna.

6.

The Competent authority Cum District Land Acquisition Officer Patna. 7.

The Circle Officer, Phulwari Sharif Patna.

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

For the Petitioner/s :

Mr. S. Azeem, Advocate Mr. Akshay Lal Pandit, Advocate Mr. Arvind Kumar, Advocate Mr. Rajesh Kumar, Advocate Mr. Sanjay Kumar, Advocate For the State :

Mr. Kumar Manish, SC-5 Mr. Prashant Kumar, AC to SC-5 For the U.O.I.

:

Mr. Javed Gaffar Khan, Advocate For the NHAI :

Mr. (Dr.) Maurya Vijay Chandra, Advocate Ms. Preety Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-11-2024 Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:- "(i) For issuance of a writ in the nature of a writ of mandamus commanding the respondent

Patna High Court CWJC No.17841 of 2024(2) dt.26-11-2024 2/3 authorities especially respondent no. 6 to pay to the petitioner of the amount of compensation along with 100% solatium and up to date interest as provided in right to Fair Compensation and Transparancy in Land Acquisition, Rehabilitation and Resettlement Act 2013 (herein after act) for the land acquired treating as residential which has been acquired for construction of Patna Gaya Dhobhi NH 83 Four Lane Road.

(ii) Further for issuance of appropriate direction to the respondent authorities for making payment of interest amount as per previsions contained in LA Act (new) 2013 as well as direction for payment of penal interest amount till actual payment because of latches in making payment of compensation amount on the part of respondent authorities.

(iii) For any other relief/(s) applicable in the facts and circumstances of the case."

3. Learned counsel for the petitioner submits that petitioner has filed a representation dated 27.08.2024 before Respondent No. 6 and the same is pending before the said authority. He prays that this case may be disposed of with direction to Respondent No. 6 to decide the said pending representation expeditiously in accordance with law.

4. Learned counsel for the State has no objection to this prayer of the petitioner.

5. In view of the submission of learned counsel for the petitioner, this case is disposed of with direction to Respondent No. 6, District Land Acquisition Officer, Patna to dispose of the said representation dated 27.08.2024, if pending, expeditiously

Patna High Court CWJC No.17841 of 2024(2) dt.26-11-2024 3/3 in accordance with law.

(Sunil Dutta Mishra, J) rakhi/- U