BINOD KUMAR v. THE UNION OF INDIA, THROUGH SECRETARY, N.H. DIVISION DEPTT., GOVT. OF INDIA

----------- For the petitioners : Mrs. Juhi Kumari, Advocate. For Respondent No.2 : (1). Mr. N.K.Agarwal, Senior Advocate. (2). Mr. Sunil Kumar, Advocate. (3). Dr. Bidhu Ranjan, Advocate. For the Union of India :- Mr. Kameshwar Prasad Gupta, S.C.C.G. - 2 -

21.12.2009. Heard learned counsel for the petitioners, State and the counsel ======== for the National Highway Authority of India.

The raiyati lands of the 19 writ petitioners has been acquired for the purposes of widening of National Highway No. 57. The notification under Section 3(A) of the National Highway Act, 1956 was issued on

19.10.2005. Within one year of the said notification declaration in terms of Section 3(D) was also issued.

In the circumstances, the respondent authorities are directed to make payment of compensation amount to the 19 writ petitioners on the basis of the rate which was prevailing on 19.10.2005 as per the policy decision of the State Government, contained in circular letter dated

19.2.2007, as has been stated in paragraph 12 of the counter affidavit filed on behalf of Respondent No.2. Payment of compensation to the petitioners be made within two months from the date of receipt/production of a copy of this order before the competent authority, namely, the District Land Acquisition Officer, Supaul. In the event, the District Land Acquisition Officer is not able to make payment of the compensation amount, he should pass appropriate order within the same time indicating reasons as to why payment is not being made to any of the writ petitioners.

This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)