Patna High Court
Hardev Singh vs The State Of Bihar on 23 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5998 of 2020
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Hardev Singh Son of Late Shahdev Yadav Resident of Village- Ner, P.S.-
Makhdumpur, District- Jehanabad.
... ... Petitioner
Versus
1. The State of Bihar Through the Principal Secretary, Revenue and Land
Reform Department, Govt. of Bihar, Patna.
2. The District Magistrate-Cum- Collector Patna.
3. The District Land Acquisition Officer Jehanabad.
4. The Deputy Collector Land Reform District- Jehanabad.
5. The Circle Officer Makhdumpur, Jehanabad.
6. The Chairman National Highway Authority of India, New Delhi.
7. The General Manager National Highway Authority of India, New Delhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the State : Mr. Rishi Raj Sinha, SC-19
Mr. Saurabh Kumar, AC to SC-19
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. 9/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 compensation in lieu
of acquisition of land for alignment under the N.H. 83 Project
failing which construction made in the land of Khata No. 285,
Patna High Court CWJC No.5998 of 2020 dt.23-11-2021
Khesra No. 1239, total measuring 7.5 decimal 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 the land
appertaining to Khata No. 285 Khesra No. 1239 total measuring
7.5 decimals situated in Mauza- Ner, P.S. Makhdumpur, District-
Jehanabad acquired under section 3 (1)A of the National
Highway Act, 1956.
(iii) To quash the letter No. 1176/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 as per the valuation determined by the competent
authority as such nature of land has been considered
Agriculgtural.
(iv) To direct the respondents to make the payment of
compensation of aforesaid land to the petitioner taking into the
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
arbitration in terms of Section 3G (5) of the National Highways Act,
1956.
Patna High Court CWJC No.5998 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.
