Brijnandan Singh vs The State Of Bihar
2021 Latest Caselaw 5455 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.16261 of 2018
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Brijnandan Singh Son of Late Rameshwar Rai, resident of Village- Jahangirpur, P.S.- Sonepur, District- Saran. Presently residing at Mohalla- Beur More C/o Radhakrishna Market, P.S.- Phulwari, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Revenue, Govt. of Bihar, Patna.

3. District Collector cum Magistrate, Saran.

4. District Land Acquisition Officer, Saran.

5. A.D.M. Saran, Capra.

6. S.D.O. Sonepur, Saran.

7. Circle Officer, Sonepur, Saran.

8. National Highway Authority of India, Regional Office, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Dhananjay Mishra, Adv.

     For the State          :      Mr.Raj Kishore Roy, GP-18
     For the NHAI           :      Mr. S.N. Pathak, Adv.

====================================================== 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 present writ petition has been filed for the

following reliefs as formulated by the petitioner-

"1(I) To direct the respondent authorities to make sufficient, adequate and satisfactory payment as compensation with compound interest on delay payment to the petitioner as per the new rule of land acquisition in the light of judgment of Hon'ble High Court as well as Hon'ble Apex Court.

Patna High Court CWJC No.16261 of 2018 dt.23-11-2021

In view of the facts the land building of petitioner has been acquired for construction of N.H. 19 four lane Road from Hajipur to Chapra situated at Plot No. 22, Khata No. 107 village Jahangirpur P.s. Sonepur District Saran and the works of construction is in progress but compensation has not been paid to the petitioner due to malafide intention and oblique reason.

(II) To provide compound interest on delay payment. (III) To impose heavy cost upon erring authorities and also departmental proceeding must be initiated upon them.

(IV) Any other relief/reliefs for which the petition is entitled for."

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.

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. Patna High Court CWJC No.16261 of 2018 dt.23-11-2021

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/-

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Uploading Date         24.11.2021
Transmission Date