Shyam Narayan Singh v. The State of Bihar

Versus The State of Bihar Through the Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna. The Deputy Collector Land Reforms Cum Competent Authority for Land Acquisition under the National Highway Act, 1956 having its office at Bhabua (Kaimur). The Anchal Adhikari, Chand, District Bhabua (Kaimur). The Project Director, A.I.U., Aurangabad, National Highway Authority, Patna ... ... Respondent/s ====================================================== Appearance : For the Petitioner For the State : :

Mr. Satish Kumar Sinha, Advocate Md. Khurshid Alam, AAG-12 Ms. Nutan Sahay, AC to AAG-12 Mr. Sriram Krishna, Advocate : For NHAI ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 11-01-2024

Heard learned counsels for the parties.

This writ application has been filed for the following reliefs:-

A. To exclude the land of the petitioner appertaining to Plot No. 30 Area 1.0122 hectares, under the Khata No. 34, situated at Mauuza Bheri, Revenue Thana No.35, P.O.& P.S.- Chand, District -Bhabua (Kaimur) from the Notification issued under Section 3D of the National Highway Act, 1956 (Hereinafter referred to as "the Act") published in Dainik Jagaran (Hindi News Paper) from the acquisition for the purpose of the construction of road under the Bharat Mala Project-II (Varanasi -Ranchi -Kolkata Road Construction) after getting its production from the office of the respondents. B. To direct the respondent Deputy Collector Land Reforms, Bhabua (Kaimur) to decide the nature of the Patna High Court CWJC No.14490 of 2023(2) dt.11-01-2024 land in question afresh after proper verification of the related documents as well as conducting spot enquiry in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as well as various government order/letter after quashing of the order dated 07.02.2023 passed in Abhilekh Vaad Sankhya 54/2022- 23 in presence of the petitioner. C. To pass such other order/ orders and/or direction as may be deemed fit and proper to secure the ends of justice.

Learned counsel for the NHAI raises preliminary objection to the effect that an alternative remedy is available to the petitioner by way of filing appropriate application under Section 3G(5) of The National Highways Act, 1956, which reads as:

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.

In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

Petitioner shall be at liberty to seek remedy before the appropriate forum as may be available to him in accordance Patna High Court CWJC No.14490 of 2023(2) dt.11-01-2024 with law.