Sadhna Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18415 of 2023 ====================================================== 1.

Sadhna Kumari Wife of Dheeraj Kumar Jha Resident of Dhaneshwari, Birnagar, Ward no.- 9, P.O.- Charaiya, P.S.- Bhargama, District - Arariya. 2.

Dheeraj Kumar Jha, Son of Sri Krishna Kant Jha Resident of Dhaneshwari, Birnagar, Ward no.- 9, P.O.- Charaiya, P.S.- Bhargama, District - Arariya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

3.

The President cum Secretary, National Highway Authority, Government of India, New Delhi.

4.

The Project Director, National Highway 107 Authority, Purnea. 5.

The Commissioner, Purnea.

6.

The Collector cum District Magistrate, Purnea. 7.

The Competent Authority cum The District Land Acquisition Officer, Purnea.

8.

The Amin under the District Land Acquisition Officer, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sadanand Mishra, Advocate Mrs. Sweta Burnwal, Advocate For the NHAI :

Mr. Anand Kumar, Advocate For the State :

Mr. Venkatesh Kirti, JC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2024 Heard learned counsel for the petitioners, State and NHAI.

2. The petitioners have prayed for the following reliefs:

(i) for direction authorities for the Respondent the payment of compensation of land acquired by the Respondent-authorities

Patna High Court CWJC No.18415 of 2023(2) dt.15-04-2024 2/3 for widening and construction of the National High way no.107 i.e. Sonbarsa RajSaharsa- Madhepura- Purnea at Mauja Banmankhi, Thana no.63, Khata no.541, Khesra no.1407, Rakwa -27 Dec. of petitioner no.1 Mauja Banmankhi, Thana no.63, Khata no.541, Khesra no.1407, Rakwa 4 Dec. of petitioner no.2 respectively and the petitioners land passing through the side of N.H.107 situated at MaujaBanmankhi, Thana no.63, District-Purnea; (ii) to pass any such other order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case.

3. The petitioners submit that their lands come under the widening and construction of the National High-way no.107 i.e. Sonbarsa Raj-Saharsa-Madhepura-Purnea near Mauja Banmankhi, Thana no.63. There are two plots and the husband and wife (petitioner nos.1 and 2) and though notices came to other land-holders, in their case, since it was registered in the name of old Raiyat from whom, the petitioners purchased, the

Patna High Court CWJC No.18415 of 2023(2) dt.15-04-2024 3/3 benefit could not come to their door.

4. Though, a counter affidavit on behalf of the respondent nos. 3 and 4 is on record, learned counsel for the petitioners submit that they will be approaching the appropriate authority along with all the documents so that their claim for payment of compensation for the lands they hold which has come under the widening of the aforesaid NH is taken to its logical conclusion.

5. Learned counsel for the petitioners submit that they will be approaching the concerned authority within a period of four weeks from today.

6. In that case, the matter should be taken to its logical conclusion in next six months.

7. Granting such liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Ravi/- U