Patna High Court
Bajrangi Yadav vs The State Of Bihar on 23 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6048 of 2020
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Bajrangi Yadav S/o Late Shiv Narayan Yadav, Resident of Village and P.O.-
Ner, P.S.-Makhdumpur, District-Jehanabad.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The District Magistrate Cum Collector, Patna.
3. The District Land Acquisition Oficer, Jehanabad.
4. The Deputy Collector Land Reform, District-Jehanabad.
5. The Circle Officer, Makhdumpur, District-Jehahabad.
6. The Chairman National Highway Authority of India, New Delhi.
7. The General Manager, National Highway Authority of India, New Delhi.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Shankar Kumar, Advocate
For the State : Mr. Dhurjati Kumar Prasad, GP-14
For the NHAI : Mr. S.N. Pathak, SC
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 23-11-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition -
"(i) To issue an appropriate order/s, direction/s including a writ
preferably in the nature of CERTIORARI for quashing the letter
no. 1146/DLA dated 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 with
respect to the land measuring 3.5 decimal appertaining to Khata
No. 306, Khesara No. 1241 situated in Mauza-Ner within
Makhdumpur P.S. of Jehanabad as per the valuation determined
Patna High Court CWJC No.6048 of 2020 dt.23-11-2021
by the competent authority and nature of land shall be
considered agriculture.
(ii) To quash the letter dated 61 DLA dated 04.02.2020 issued
from the office of 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 purpose of widening the road/4 lane Patna to Gaya Dobhi
Section under construction made over the land shall be removed
with the help of police force and compensation shall be deposited
in the Court.
(iii) To direct the respondents to make the payment of
compensation to the petitioner for acquisition of his land
measuring 3.5 decimal apertaining to Khata No. 306, Khesra No.
1241 situated in Mauza- Ner, within the Makhdumpur P.S. in the
District of Jehanabad acquired for the purposes aforesaid under
section 3A (1) of the National Highways Act, 1956.
(iv) To direct the respondents to make the payment of
compensation to the aforesaid land taking into the consideration
of land being residential in nature as per the current market rate
prevailing in the area along with interest on account of delay
and latches on the part of the respondents.
(v) To any other relief/s 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
arbitration in terms of Section 3G (5) of the National Highways Act,
1956.
Patna High Court CWJC No.6048 of 2020 dt.23-11-2021
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)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 25.11.2021
Transmission Date N.A.
