Vikash Kumar vs The Union Of India
2021 Latest Caselaw 5383 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5551 of 2020
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Vikash Kumar, Son of Sri Shatrughan Prasad Singh, Resident of Village- Rajla, P.S.-Kurhani, District-Muzaffarpur.

... ... Petitioner Versus

1. The Union of India through the Ministry of Road Transport and Highways, Parivahan Bhawan.

2. The Secretary National Highways Authority of India Headquarters G-5 and 6, Sector-10, Dwarka, New Delhi.

3. The Divisional Commissioner, Tirhut, Muzaffarpur.

4. The District Magistrate, Muzffarpur

5. The Regiopnal Director, NHAI at 1st Floor D-63, Sri Krishna Puri Road S.K. Puri, Patna.

6. The Project Director National Highway Authority of India, Project Impleon Entation Unit (PIU), Muzaffarpur.

7. The Competent authority-Cum-District Land Acquisition Officer Muzaffarpur.

8. The Circle Officer, Kurhani District -Muzaffarpur.

... ... Respondents ====================================================== Appearance :

     For the Petitioner/s     :      Ms.Kumari Chandna, Advocate
                                     Dr. Bipin Chandra, Advocate
     For the State            :      Mrs. Nutan Sahay, AC to AAG-12
     For NHAI                 :      Mr. S.N. Pathak, SC

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 22-11-2021 Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. The present writ petition has been filed for "issuance

of a writ of mandamus or order or orders directing the respondent

to make full and final payment of compensation amount of

acquired lands as per the present 4 multiplied and 18% penal

interest over the arrear market value of the commercial land Patna High Court CWJC No.5551 of 2020 dt.22-11-2021

pertaining to Khata No.65/ Plot No.362 area of 0.019 Hectare

situated at Village-Rajla, Thana No. 195, Circle-Kurhani, District-

Muzaffarpur, Panchati No.12 (kh), Panchayat Name Shatrughna

Prasad Singh, son of Late Dindayal Singh, resident of Village-

Rajah, P.S.-Kurhani, District-Muzaffarpur which was acquired for

construction of four land of N.H.77 (Muzaffarpur Hajipur Section)

for which an acquisition proceeding case no.09 of 2009-10 was

recorded and the amount of compensation was calculated but only

50% of the compensation was paid to the petitioner's father who

is now suffering from several ailments and further be pleased to

restrain the respondents from taking possession of the left said

land in question and the petitioner's commercial building situated

therreat".

3. At the very outset, learned counsel for the

respondent NHAI appears and raises a preliminary objection to

the effect that an alternative remedy is available to the petitioner

with regard to insufficiency of the compensation amount as

determined, by way of arbitration in terms of Section 3G (5) of

the National Highways Act, 1956.

4. Learned counsel for the petitioner does not dispute

the above proposition.

Patna High Court CWJC No.5551 of 2020 dt.22-11-2021

5. In the above view of the matter, this Court is not

inclined to interfere in the matter in its extra-ordinary writ

jurisdiction.

6. The writ application stands dismissed.

7. Needless to say, the petitioner shall be at liberty to

seek remedy before the appropriate forum as may be available to

him in accordance with law.

8. It is made clear that if the petitioner approaches the

appropriate forum, the concerned authority/forum would have

regard to the present proceeding being pursued by the petitioner,

while considering any issue relating to condonation of delay, if

applicable.

(Vikash Jain, J) V.K.Pandey/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          24.11.2021
Transmission Date       N.A.