Indrajit Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17714 of 2018 ====================================================== Indrajit Prasad son of Late Tapeshwar Sao resident of Village - Jankop, P.S. Baroon, Distt. - Aurangabad Bihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The State of Bihar through its Principal Secretary, Land Reforms Department, Govt. of Bihar.

3.

The Director, Land Acquisition Bihar, Patna.

4.

The Collector, Aurangabad Bihar.

5.

The District Land Acquisition Officer, Aurangabad Bihar. 6.

The Arbitrator Cum Additional Collector, Aurangabad Bihar. 7.

The Competent Authority Cum L.R.D.C., Aurangabad Bihar. 8.

The General Manager cum Project Director, Project Compliance Unit National Highway Authority of Ind ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan - SC25 For the NHAI :

Mr. Dr. Maurya Vijay Chandra, Adv.

Mrs. Preety Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-02-2025 Heard Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for the NHAI.

2. Learned Counsel for the petitioner fairly submits that the present writ petition has been filed for challenging the order dated 20.05.2017 passed by the Arbitrator-cumAdditional Collector, Aurangabad in L.A. Case No.81 of 201415 whereas the application of the petitioner has been rejected (annexure-5).

Patna High Court CWJC No.17714 of 2018(2) dt.04-02-2025 2/2

3. Counsel for the State raised preliminary objection and submits that the present matter is relating to acquisition of land under National Highways Act, 1956 and the provisions laid down under National Highways Act, 1956 (Act 48 of 1956) is applicable.

4. It transpires to this Court that the order under challenge is challengeable under section 3G (6), (7) of the Arbitration and Conciliation Act, 1996 before the Authority.

5. As such, the present writ petition stands disposed off directing the petitioner to avail remedy under the said Act within 30 days from today.

6. It is directed to the Court that if application is filed under Arbitration and Conciliation Act, within 30 days, then the limitation, if any, shall be condoned.

7. With the aforesaid directions, the present writ application stands disposed off.

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