Ramanand Ray vs Union Of India
2023 Latest Caselaw 4645 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7136 of 2023
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Ramanand Ray, Son of Banai Ray, Resident of Village-Paithani Natthupur, P.O.-Pakri Anisabad, P.S.-Beur, District- Patna..

... ... Petitioner/s Versus

1. Union of India through the Secretary, Ministry of Road Transport and Highway, New Delhi.

2. The State of Bihar through the Collector and District Magistrate, Patna.

3. The Director cum Special Secretary, Land Acquisition, Patna.

4. The Commissioner, Patna Division, Patna.

5. The District Land Acquisition Officer, Patna.

6. The Project Director, National Highway Authority, New Delhi.

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

For the Petitioner/s : Mr.Girjanand Prasad, Advocate For the NHAI : Mr. Sriram Krishna, Advocate Mr. Amarjeet, Advocate For the State : Mr. Majid Mahboob Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT Date : 15-09-2023

Heard learned counsel for the petitioner, learned

counsel for the Union of India, learned counsel for the National

Highways Authority of India, and learned counsel for the State.

2. The present writ petition has been filed for

enhancement of compensation amount which has been prepared

and the petitioner has received with objection.

3. Learned counsel for the petitioner submits that the

petitioner is entitled to receive the payment treating his land as

agricultural whereas he is interested in receiving payment on Patna High Court CWJC No.7136 of 2023 dt.15-09-2023

higher value.

4. Learned counsel for the National Highways

Authority of India submits that since the award has already been

prepared and the petitioner has accepted the same with objection

then in that case the liberty is available to the petitioner to file

an application before the Arbitrator-cum-Divisional

Commissioner under Section 3G(5) of the National Highways

Act, 1956.

5. In this view of the matter, the present writ petition is

disposed of directing the petitioner to file an application before

the Arbitrator-cum-Divisional Commissioner, Patna along with

a copy of this order raising all his grievances within four weeks,

who shall consider and dispose of the application within nine

months thereafter.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE                NA
Uploading Date          18/09/2023
Transmission Date       NA