Mohan Das vs The Union Of India
2021 Latest Caselaw 5460 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5582 of 2020
     ======================================================

Mohan Das, aged about 75 years (male), Son of Late Nasib Lal Das Resident of Village-Ward NO. 11, Rarahia P.S. Laukahi, District-Madhubani.

... ... Petitioner/s Versus

1. The Union of India through the Secretary National Highway Govt. of India New Delhi.

2. The Director Indian National Highway Authority New Delhi.

3. The Principal Secretary Department of Revenue and Land Reforms Govt. of Bihar, Patna.

4. The Collector Madhubani.

5. The Land Acquisition Officer Cum Competent Authority National Highway Madhubani.

6. The Additional Collector Cum Arbitrator National Highway.

7. Sri Deepak Sah Son of Liladhar Sah Resident of Village-Narahiya, P.S. Laukahi, District-Madhubani

8. Smt. Shivi Kumari Daughter of Liladhar Sah Resident of Village-Narahiya, P.S. Laukahi, District-Madhubani

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

For the Petitioner/s : Mr.Gagan Deo Yadav, Adv.

Mr. Ravi Prakash, Adv.

     For the State           :      Mr.Sajid Slaim Khan (SC25)
                                    Mr. Arif Daula Siddiqui, SC to SC25
     For the NHAI            :      Mr. S.N. Pathak, SC

====================================================== 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) That this is an application for issuance of an appropriate writ(s), order(s),direction (s) directing the respondent authorities to release/grant compensation of Kheshra No. 7629 having its area 6 decimal to the petitioner Patna High Court CWJC No.5582 of 2020 dt.23-11-2021

which has been acquired by the respondent authorities for construction of N.H. 57 after demolition of house of petitioner alongwith statutory interest and to grant any other consequential benefits to the petitioner for which petitioner may found entitled in an accordance with law."

3. At the very outset, learned counsel for the State as

well as learned counsel for the N.H.A.I. submit that arbitration

proceeding under Section 3G (5) of the National Highways Act,

1956 is already ongoing and in view of Section 3H (4) of the said

Act, the dispute which relates to apportionment of the amount in

the petitioner's case is liable to be referred to the decision of the

principal civil court of original jurisdiction.

4. Learned counsel for the petitioner does not dispute the

above proposition.

5. In the above circumstances, this Court is not inclined

to interfere in the matter.

6. The writ application stands dismissed.

(Vikash Jain, J) rishi/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.11.2021
Transmission Date