Anuj Kumar vs National Highways Authority Of India, ...
2024 Latest Caselaw 5221 Patna

Patna High Court

Anuj Kumar vs National Highways Authority Of India, ... on 5 August, 2024

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13687 of 2017
     ======================================================
     Anuj Kumar Son of Late Ramjee Mahto, Resident of Village-Dayali Bigha,
     P.O.-Keoti, P.S.-Barbigha, District-Sheikhpura.

                                                                 ... ... Petitioner/s
                                      Versus
1.   National Highways Authority Of India, New Delhi
2.   Director National Highways Authority of India, New Delhi.
3.   Project Director, National Highways Authority of India, Munger
4.   Competent Authority-cum-District Land Acquisition Officer, Sheikhpura,
     Bihar.
5.   The State of Bihar through the District Magistrate, Sheikhpura, Bihar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Kumar Malendu, Advocate
     For the NHAI           :      Mr. Kumar Gautam, Advocate
     For the Respondent/s   :      Mr. Raj Kishore Roy, GP-18
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
     MISHRA
     ORAL JUDGMENT

Date : 05-08-2024 Heard learned counsel for the petitioner and learned

counsel for the State.

2. The present writ application has been filed for

the following reliefs:-

"I. Directing the Respondents-

authorities to pay the amount of compensation to

the petitioner as per the Valuation of land/house as

contained in report dated 21.07.2016 (Annexure-3)

on account of being acquired for construction of

National Highways No. 82 (Biharshariff-Barbhiga- Patna High Court CWJC No.13687 of 2017 dt.05-08-2024

Mokamaha Section) as published in Extra

Ordinary Gazette of India on 30.10.2015 and

published in Prabhat Khabar, Patna Edition a

Hindi daily on 13.05.2016 (Annexure-1) of Mouza-

Keoti in the District Sheikhpura.

II. Directing the Respondents to apply

provisions of rehabilitation and resettlement as

envisaged u/s 31 of the Right to Fair Compensation

and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (in short

the Act, 2013)

III. Any other relief and reliefs for

which the petitioner may be found entitled to."

3. At the outset, learned counsel for the State

submits that the petitioner is having alternative remedy under

Section 3G(5) of the National Highways Act, 1956 by way of

filing appropriate application before competent authority, i.e.

Arbitrator appointed by the Central Government.

4. Considering the aforesaid fact that the alternative

remedy is already available to the petitioner as per Section

3G(5) of the National Highways Act, 1956, the petitioner is

directed to file appropriate application within four weeks from Patna High Court CWJC No.13687 of 2017 dt.05-08-2024

today along with relevant documents including the application

for condonation of delay, if any, before the competent authority,

i.e. Arbitrator which is appointed by the Central Government. If

any such application is filed, the concerned authority shall

condone the delay, if any, as the petitioner was pursuing the

remedy before this Court, and shall consider and dispose of the

same in accordance with law.

5. With the aforesaid observation/direction, the

present writ application stands disposed of.

(Rudra Prakash Mishra, J) Alok Verma/-

Pankaj/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          09.08.2024
Transmission Date       N/A