Patna High Court
Sanjay Kumar vs The Union Of India on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5555 of 2020
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Sanjay Kumar (Male), aged about 60 years, S/o Sri Khublal Prasad Resident
of Village- Ner, P.s.- Makhdumpur, District- Jehanabad.
... ... Petitioner/s
Versus
1. The Union of India Through the Chairman National Highway Division
Department, Government of India, New Delhi.
2. The Secretary National Highway Division Department, Government of
India, New Delhi.
3. The General Manager National Highways Authority of India.
4. The Principal Secretary Department of Revenue and Land Reforms, Bihar,
Patna.
5. The District Magistrate Jehanabad.
6. The District Land Acquisition Officer Jehanabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shankar Kumar, Adv.
For the State : Mr.Rishi Raj Sinha ( SC19 )
For the NHAI : Mr. S.N. Pathak, Adv.
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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 the
following reliefs as formulated by the petitioner-
"1(i) To issue an appropriate order/s,
direction/s including a writ preferably in the nature of
CERTIORARI for quashing the letter no. 75/DLA, dated
04.02.2020 issued from the office of the respondent no.6 i.e.
The District Land Acquisition Officer, Jehanabad whereby
and whereunder the petitioner has been directed to receive
the amount of compensation in lieu of his land acquired for
the widening of the Road/4 Lane/ Patna to Gaya Devi
Patna High Court CWJC No.5555 of 2020 dt.22-11-2021
Section under N.H.83 failing which construction made over
the land shall be removed with the help of police force and
compensation amount shall be deposited in the court.
(ii) To direct the respondents to make the payment
of compensation to the petitioner for acquisition of his land
measuring 3.2- dec. appertaining to Khata no. 293, Khesra
no. 1238 situated in Mauza Ner within Makhdumpur P.S. in
the District of Jehanabad acquired for the purposes
aforesaid under section 3(A)(1) of the National Highways
Act, 1956.
(iii) To quash the letter no. 1183 DLA 19.09.2019
issued from the office of District Land Acquisition Officer,
Jehanabad by which the petitioner has been directed to
receive the amount of compensation as per the valuation
determined by the competent authority as such nature of land
has been considered Agricultural.
(iv) To direct the respondents to make the payment
of compensation of aforesaid land to the petitioner taking
into consideration of land being residential in nature as per
the current market rate/New Act 2013 prevailing in the area
along with interest on account of delay and latches on the
part of the respondents.
(v) To any other reliefs to which the petitioner
may be found entitled in the facts and circumstances of the
case."
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
Patna High Court CWJC No.5555 of 2020 dt.22-11-2021
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.
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)
rishi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.11.2021
Transmission Date
