Ram Pravesh Thakur vs The State Of Bihar
2021 Latest Caselaw 5539 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6086 of 2020
     ======================================================

1. Ram Pravesh Thakur, Son of Rajendra Thakur,

2. Shyam Kishore Thakur, Son of Niranjan Thakur Both are Residents of Village-Ekari Chorout, Ward no.13, P.O.-Susatpur, Block-Madhawapur, District-Madhubani.

... ... Petitioner/s Versus

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

2. The District Magistrate, Madhubani.

3. The District Magistrate, Madhubani.

4. The Project Director, N.H.-1, Madhubani-Darbhanga.

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

     For the Petitioner/s   :     Mr.Ram Narayan Mahto, Advocate
     For the State          :     Mr.Sajid Salim Khan, SC-25
                                  Mr. Arif Daula Siddique, AC to SC-25
     For the NHAI           :     Mr. S.N.Pathak, SC

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 25-11-2021 Heard learned counsel for the petitioners and learned

counsel for the respondents.

2. The present writ petition has been filed for "issuance

of writ (s), order (s), direction (s) to the Respondents to make the

payment of compensation of land as commercial rate being Khata

No.99, L.A. No. 31, Plot No. (Khesra no.) 115, total area coverage

14.83 decimal which is private commercial land and which has

been acquired by Govt. for wideness of N.H-527-527- 'C' which

has been published in Newspaper, Hindustan and Dainik Jagran

on 29.10.2017 and all procedure has been completed and only Patna High Court CWJC No.6086 of 2020 dt.25-11-2021

residential land compensation notice has been issued on

01.09.2018 by which information has given to compensation of

land will be paid on 19.09.2018 on the ground of petitioner has

submitted all documents with regard to same land which is

commercial and petitioner's son namely Pawan Kumar has open

the shop factory namely Jai Tara Udyog of that very land and

return has paid since 2014, 2015, 2016 but the same has not been

paid to the petitioner and further give the direction to make the

total compensation of land as commercial rate with 18% interest

representation before the authorities which is pending till today".

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 petitioners 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.6086 of 2020 dt.25-11-2021

7. Needless to say, the petitioners shall be at liberty to

seek remedy before the appropriate forum as may be available to

them in accordance with law.

8. It is made clear that if the petitioners approach the

appropriate forum, the concerned authority/forum would have

regard to the present proceeding being pursued by the petitioners,

while considering any issue relating to condonation of delay, if

applicable.

(Vikash Jain, J) V.K.Pandey/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          26.11.2021
Transmission Date       N.A.