Patna High Court
Sakaldeo Yadav vs The State Of Bihar on 29 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6703 of 2020
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Sakaldeo Yadav, Son of Ram Karan Yadav, resident of Village- Ner, P.S.-
Makhdumpur, District- Jehanabad.
... ... Petitioner/s
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, Jehanabad.
3. The District Land Acquisition Officer, Jehanabad.
4. The Deputy Collector Land Reform, District- Jehanabad.
5. The Circle Officer, Makhdumpur, District- 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.Raj Kishore Roy (GP18)
Mrs. Prerna Anand, AC to GP-18
For NHAI : Mr. S.N. Pathak, SC
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 29-11-2021
As prayed, learned counsel for the petitioner is permitted
to make correction of the typographical error in the description of
respondent no.2, substituting the word 'Jehanabad' in place of 'Patna'
during course of the day.
2. Heard learned counsel for the petitioner and learned
counsel for the respondents.
3. The present writ petition has been filed for the following
reliefs as formulated by the petitioner-
"(i) To issue an appropriate order/s, direction/s
including a writ preferably in the nature of
CERTIORARI for quashing the letter no. 60/DLA
dated 04.02.2020 issued from the office of the District
Patna High Court CWJC No.6703 of 2020 dt.29-11-2021
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.306,
Khesra no.1241 total measuring 1.75 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.306, Khesra No.1241
total measuring 1.75 decimal situated in Mauza Ner
P.S. Makhdumpur, District- Jehanabad acquired
under section 3(A)(1) of the National Highways Act,
1956.
(iii) To quash the letter no. 1163 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 Agricultural.
(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."
4. At the very outset, learned counsel for the respondent
NHAI appears and raises a preliminary objection to the effect that an
Patna High Court CWJC No.6703 of 2020 dt.29-11-2021
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.
5. Learned counsel for the petitioner does not dispute the
above proposition.
6. In the above view of the matter, this Court is not
inclined to interfere in the matter in its extra-ordinary writ
jurisdiction.
7. The writ application stands dismissed.
8. 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.
9. 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)
V.K.Pandey/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 03.12.2021
Transmission Date N.A.
