Smt. Nilam Devi @ Smt. Nilam v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.566 of 2020 ====================================================== Smt. Nilam Devi @ Smt. Nilam D/o Shri Kapil Deo Singh Resident of Village- Chhotaki Babhani, P.o.- Mocharim, P.s.- Bodh Gaya, District- Gaya ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Road Transport and Highways, New Delhi 2.

The National Highway Authority of India under the Ministry of Road Transport and Highways, Govt. of India, New Delhi 3.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms (Land Acquisition Directorate), Bihar 4.

The State of Bihar through the Principal Secretary, Department of Road Construction, Govt. of Bihar, Patna 5.

The District Magistrate Gaya 6.

The Collector Gaya 7.

The Competent Authority cum District Land Acquisition Officer Gaya 8.

The Arbitrator National Highway Authority of India cum Additional Collector, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Respondent/s :

Mr.Subash Chandra Yadav ( Gp15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-01-2020 Heard both sides.

The petitioner has filed this writ petition for a direction upon the respondents to pay compensation to the petitioner.

It appears from the order dated 21.08.2018 passed by the Arbitrator-cum-Additional Collector, Gaya (Annexure-5) that since the award has not been prepared as yet the Arbitration proceeding is not maintainable.

Patna High Court CWJC No.566 of 2020(2) dt.17-01-2020 2/2 After some argument, the learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to raise objection before the Land Acquisition Authority to prepare the award on the basis of value of the land prevailing on 01.01.2014 so that the petitioner may challenge the award before the Arbitrator if any objection remained unredressed. Prayer is allowed.

This writ petition is disposed of as withdraw with the aforesaid liberty.

(Prabhat Kumar Jha, J) BKS/- U