Afroj Jahan vs The Union Of India
2025 Latest Caselaw 1734 Patna

Patna High Court

Afroj Jahan vs The Union Of India on 11 February, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.230 of 2024
                                         In
                   Civil Writ Jurisdiction Case No.8133 of 2017
     ======================================================
     Afroj Jahan Wife of Late Nasim Ansari Resident of Mohalla- Minnat Nagar,
     Haji Subhan, Police Station- Kotwali, District-Munger.


                                                                 ... ... Appellant/s
                                        Versus
1.   The Union of India XXX
2.   The National High-way Authority of India through its Chairman, Transport
     Bhawan, New Delhi.
3.   The State of Bihar through the Principal Secretary, Department of Revenue
     and Land Reforms, Government of Bihar.
4.   The Principal Secretary, Department of Revenue and Land Reforms,
     Government of Bihar, Patna.
5.   The District Magistrate, Munger.
6.   The Sub-Divisioanl Officer, Munger.
7.   The District Land Acquisition Officer, Munger.
8.   The Circle Officer, Munger, District- Munger.
9.   The Block Development Officer, Munger, District- Munger.


                                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. Binay Kumar, Advocate
     For the Respondent/s   :      Mr. AC to AAG-12
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 11-02-2025

We have heard the learned counsel for the

parties.

Patna High Court L.P.A No.230 of 2024 dt.11-02-2025

2. The appellant does not have any objection

to the acquisition of the ancestral land belonging to her

and others for the purposes of construction of National

Highway. The dispute, however, is only with respect to

the claims of the other shareholders in the land for

compensation.

3. While the writ petition was being argued,

the appellant agreed that she shall be filing appropriate

application before the Principle Judge, Munger, the

Designated Authority under Section 3G(5) of the

National Highways Authority of India Act, 1956 for

adjudication of the issue of apportionment of the

compensation amount amongst the different

shareholders.

4. In that view of the matter, it would not be

open to the appellant to challenge the order passed by

the learned Single Judge permitting him to file

appropriate application before the concerned authority

for apportionment of compensation amount to the Patna High Court L.P.A No.230 of 2024 dt.11-02-2025

appellant.

5. The appeal has no merits and is thus

dismissed.

                                               (Ashutosh Kumar, ACJ)


                                                    (Partha Sarthy, J)

Manoj/Praveen-II

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.02.2025
Transmission Date       NA