Petitioner filed writ under Article 226 for commercial rate compensation for land acquired for National Highways. Bench held statutory remedy lies with Arbitrator under Section 3-G(5) and disposed of application with liberty to approach Arbitrator.
Application disposed; liberty granted to move before the Arbitrator within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1039 of 2018
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Shanti Devi, W/o Gorakh Singh, Resident of Village- Hullakpur, MauzaPakri, P.S.- Beur, District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Respondent/s : Mr. Asif Kalim, AC to AAG12 For the Respondent Nos.: Mr. Anshay Bahadur Mathur, Advocate 6, 7, 8 & 9
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date : 10-09-2018
Heard learned counsel for the parties.
Patna High Court CWJC No.1039 of 2018 dt.10-09-2018 2/2
land as agricultural land and compensation was received by the petitioner.
(Birendra Kumar, J)
abhishek/-
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2 issues framed by the court
Whether the petitioner is entitled to enhanced compensation claiming the land was commercial.
Whether the Writ Court can adjudicate disputed questions of fact regarding the nature of acquired land.
2 provisions across 2 enactments
SHANTI DEVI
THE STATE OF BIHAR
THE UNION OF INDIA
BIRENDRA KUMAR ORAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
