Shubham Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2055 of 2025 ====================================================== Shubham Kumar Singh Son of Shri Sanjay Singh Resident of VillageAuriyan, P.O. and P.S.-Chand District-Bhabua (Kaimur) at present Residing at Maruti Nagar, Soar Govardhanpur, District-Varanasi (Uttar Pradesh), ... ... Petitioner/s

Versus

1.

The State of Bihar through the Divisional Commissioner, Patna Division 2.

The Arbitrator Cum Divisional Commissioner, Patna Division 3.

The District Land Acquisition Officer Cum Competent Authority for the Land Acquisition Under the National Highways Act, 1956 having its Office at Bhabua (Kaimur).

4.

The Project Director, P.I.U. Sasaram National Highway ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sinha For NHAI : Dr. Maurya Vijay Chandra Preety Ranjan For the Respondent/s :

Mr. Subhash Prasad Singhy, G.A.-03 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-02-2025 Heard the parties.

2. The present writ petition has been filed by the petitioner for the following relief(s):- " To direct the respondent Arbitrator Cum Divisional Commissioner, Patna to re-determine/re-fix the compensation of the land of the petitioner appertaining to Plot No.62 Area 0.966 hectares/23.87 decimals, Plot No.64, Area 0.1283 hectares/31.71 decimals, Plot No.65 Area 0.5272 hectares/130.29 decimals, Plot No.148 Area 0.2536 hectares/62.67

Patna High Court CWJC No.2055 of 2025(2) dt.13-02-2025 2/3 decimals and Plot No.149 Area 0.0397 hectares/9.81 decimals situated within Mauza- Auriyan under Khata No.24, Thana No.36, District -Bhabua (Kaimur) in view of Section 3G (7) of the National Highways Act, 1956 (Hereinafter referred to as "the Act, 1956") read with Section 26 to 28 of the "Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" (Hereinafter referred to as "the Act, 2013") more particularly having regard to the registered sale deed bearing nos. 5311 dated 14.06.2013 of the similar nature situated near the land in question as commercial including other lands of similar nature in the area/location as well as having regard to the various commercial activities also with the statutory interest in terms of Section 3H

(5) of the Act, 1956 after setting aside the Award dated 05.10.2024 passed by him in N.H. Arbitration Case No.50/2024 to the extent of the petitioner's land as it has been passed against the mandate of both the Acts aforesaid without considering the grounds and materials produced by the petitioner".

3. The petitioner may take recourse of statutory remedy provided under the law. If the petitioner takes recourse

Patna High Court CWJC No.2055 of 2025(2) dt.13-02-2025 3/3 of statutory remedy within a period of six weeks from today, the same will be decided within a period of six months from filing thereof.

4. Accordingly, this writ petition stands disposed of. (Nawneet Kumar Pandey, J) A.K.V.//- U