Brajesh Kumar Singh vs The Director
2023 Latest Caselaw 3546 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.121 of 2023
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Brajesh Kumar Singh, son of Raja Ram Singh, Village Sadanandpur Baisa,

P.O. Nandlalpur, P.S. Kahalgaon District Bhagalpur

... ... Petitioner/s Versus

1. The Director, National Highways Authority of India, New Delhi

2. The Competent Authority, National High Ways Authority of India, Munger,

Mirza Chowki Section Project.

3. The State of Bihar, through the Commissioner-cum-Secretary, Department

of Revenue, Bihar, Patna

4. The District Magistrate-cum-Collector, Bhagalpur

5. The District Land Acquisition Officer, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Ms.Pravina Kumari, Advocate Mr. Bijendra Kumar, Advocate For the Respondent/s : Mr.Md. Khurshid Alam (AAG12) Mr. Arun Kumar Bhagat, AC to AAG-12 For NHAI : Mr. S. N. Pathak, Advocate Mr. Saurav Nikunj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT Date : 08-08-2023 Heard learned counsel for the petitioner, learned

counsel for the National Highways Authority of India, and

learned counsel for the State.

2. Pleading has been completed in this case.

3. The present writ petition has been filed for grant of

compensation at a higher rate as the petitioner's land has been Patna High Court CWJC No.121 of 2023 dt.08-08-2023

acquired for the construction of NH-80 (four-lane), but payment

of compensation for the land has not been provided as per the

existing market value.

4. Learned counsel for the petitioner submits that the

land of the petitioner has been acquired for the construction of

NH-80 (Munger-Mirza Chowk), but compensation has not been

made properly. The petitioner has received the compensation but

with objection and he wants enhancement of the compensation

amount in view of the provisions of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013.

5. Learned counsel for the National Highway

Authority of India submits that the petitioner has a statutory

remedy under Sections 3G(5) and 3G(6) of the National

Highways Act, 1956.

4. In this view of the matter, the writ petition stands

disposed of granting liberty to the petitioner to raise all his

grievances under the statute within four weeks from today by

filing the appropriate petition/application.

5. Needless to add that the authority under the statute

shall consider and decide the petition/application filed by the

petitioner within six weeks thereafter.

Patna High Court CWJC No.121 of 2023 dt.08-08-2023

5. With the aforesaid observation and direction, the

present writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE                NA
Uploading Date          11.08.2023
Transmission Date