Satyadeo Narayan Singh v. The State of Bihar through Additional Chief Secretary, Revenue and Land
Case at a glance
Outcome
Disposed of
application is disposed of with liberty, as indicated above
Provisions considered
Key paragraphs
- Para 77. Writ application stands disposed of with the aforesaid observations. (Prabhat Kumar Singh, J) anay/- U
Judgment
District Land Acquisition Officer, Gaya.
Anchal Adhikari, Belaganj, Gaya.
Project Director National Highways Authorities of India, Project Implementation Unit (PIU), Gaya Bihar House no. 70/244 West Jagjivan Road Opposite Judicial Quarter Chankayapuri Colony, Gaya NH- 83. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : For the Respondent/s :
Mr.Kumar Sameer, Advocate Ms.Prakritita Sharma, Advocate Mr.Md. Khurshid Alam ( AAG 12 ) Ms.Nutan Sahay, AC to AAG-12 Mr. S.N.Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 14-12-2023 Heard learned counsel for the parties.
This writ application has been filed for directing the respondents to make payment of compensation to the petitioner for the entire land in question of petitioner, acquired for widening National Highway No. 83
3. At the very outset, learned counsel for the respondents raise preliminary objection to the effect that petitioner has got alternative remedy with regard to insufficiency of compensation amount, by way of filing Patna High Court CWJC No.9799 of 2023(2) dt.14-12-2023 appropriate application under Section 3G(5) of the National Highways Act, 1956, which reads as follows:
If the amount determined by the competent authority under sub-section (1) or subsection (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.
4. Learned counsel for the petitioner does not dispute the above proposition and requests for disposal of the writ application granting liberty to the petitioner to file application before the Arbitrator, in view of Section 3G(5) of the National Highways Act, 1956
Operative part
5. In the above view of the matter, this writ application is disposed of with liberty, as indicated above. If such application is filed by the petitioner, the authority concerned shall examine the same, after hearing the parties, and pass appropriate order in accordance with law.
It goes without saying that if any question of limitation arises before the authority concerned, the same shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article Patna High Court CWJC No.9799 of 2023(2) dt.14-12-2023 226 of the Constitution of India.
Writ application stands disposed of with the aforesaid observations. (Prabhat Kumar Singh, J) anay/- U
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: application is disposed of with liberty, as indicated above
Which statutory provisions did this judgment involve?
Constitution of India.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.