Sunil Kumar Choudhary vs The State Of Bihar
2023 Latest Caselaw 4810 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.6826 of 2023
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Sunil Kumar Choudhary S/o Shyamanand Choudhary, Resident of Village- Manoharpur, P.S.- Manihari, District- Katihar.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Revenue and land Reforms Department, Bihar, Patna.

2. The Divisional Commissioner-cum- Arbitrator, Purnea Division, Purnea.

3. The Collector cum District Magistrate, Katihar.

4. The District Land Acquisition Officer, Katihar.

5. The Executive Engineer, Building Construction Department, Building Division, Katihar.

6. The Union of India, Through the Secretary, Ministry of Road Transport and Highways, Transport Bhawan, 1 Parliament Street, New Delhi.

7. The Project Director, National Highway Authority, PIU, Purnea.

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

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the U.O.I. : Mr. Vandan Kishore, Advocate For the N.H.A.I. : Mr. Dr. Anand Kumar, Advocate Mr. Ramesh Gupta, Advocate For the State : Mr. Arun Kumar Bhagat, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-09-2023

Heard learned counsel for the petitioner, learned

counsel for the National Highways Authority of India, learned

counsel for the Union of India and learned counsel for the State.

2. Present writ petition has been filed seeking

direction to the respondent concern to consider the claim of the Patna High Court CWJC No.6826 of 2023 dt.21-09-2023

petitioner and pay the amount of compensation of Rs.

21,68,205/- alongwith interest as per the valuation report of

building, which has been acquired for construction of NH-131A

Four Lane Road i.e. Narayanpur-Purnea road by the NHAI.

3. Learned counsel for the petitioner submits that

petitioner's land area 8.8 decimal of Plot No.408 appertaining to

Khata No. 150 situated in Mouza- Manoharpur District- Katihar

was subject to acquisition for N.H.-131A four lane road

Narayanpur-Purnea for which Land Acquisition Case No.

44/2016-17 was initiated and compensation amount has been

fixed but not a single penny has been paid to the petitioner.

Counsel further submits that in the said Land Acquisition Case

reassessment of the value of the building was made

subsequently but till date neither payment for his land nor

building has been paid. Counsel further submits that letters

dated 02.05.2022 and 24.09.2022 have been issued by the

District Land Acquisition Officer, Katihar and in response

thereof the Project Director issued a letter dated 21.12.2022 by

which it has been accepted by the Project Director that

compensation amount as claimed by the District Land

Acquisition Officer has been approved and if the petitioner is

dissatisfied from the said amount, he shall be at liberty to file an Patna High Court CWJC No.6826 of 2023 dt.21-09-2023

application before the competent Tribunal under National

Highways Act, 1956.

4. Learned counsel for the NHAI present and

submits that petitioner has liberty to move before the Arbitrator

under Section 3G(5) of the National Highways Act, 1956.

5. Learned counsel for the State submits that

petitioner is entitled for compensation and in case of

dissatisfaction, he has liberty under law to move before

Arbitrator.

6. After hearing the argument and going through

the records, it transpires to this Court that on principle NHAI

and Land Acquisition Officer are ready to make the payment but

not a single penny has been paid to the petitioner either of his

land or his house.

7. In this background, Land Acquisition Officer,

Katihar is directed to make payment to the petitioner within four

weeks from the date of production of a copy of this order and

petitioner shall be at liberty to receive the said amount with

objection and in case on dissatisfaction, he shall file an

application before the Arbitrator under Section 3G(5) of the

National Highways Act, 1956.

8. With the aforesaid observation and direction, the Patna High Court CWJC No.6826 of 2023 dt.21-09-2023

present writ petition is disposed off.

(Dr. Anshuman, J.) ravishankar/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          26.09.2023
Transmission Date       N.A.