Disposed

Nand Kumar Jaiswal and Ors. v. National High Way Authority Of India Through Its Chairman and Ors.

Patna HC13 Sept 2018CWJC/5989/2017

Case brief

AI extract

What is this about?

The Court directed the District Land Acquisition Officer to decide the petitioners' representation for compensation treating their acquired land as commercial within three months, disposing of the writ application in that case.

What did the court decide?

Direction to the Competent Authority-cum-District Land Acquisition Officer to decide the representation for compensation treating the land as commercial within three months.

Nand Kumar Jaiswal and Ors. Vs National High Way Authority Of… — Land Acquisition | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.5989 of 2017

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===========================================================

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Nand Kumar Jaiswal, Son of Late Vishwanath Choudhary, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Vidya Shah, Daughter of Yugeshwar Shah, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Binod Kumar Shah, Son of Late Kishun Shah, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Jay Shankar Kumar Shah, Son of Late Rameshwar Shah, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Binod Kumar Gupta, Son of Hari Narayan Gupta, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Chandra Shekhar @ Maheshwar Prasad Mehta, Son of Late Muni Lal Mehta Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Shri Chand Prasad Bhagat, Son of Shri Girdhar Prasad Bhagat, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Raj Kumar Chand, Son of Kedar Nath Agrawal, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Jagadish Pradhan, Son of Late Radhuni Ram, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Ram Narayan Shah, Son of Lakhi Chand Sah, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Ghanshyam Lal Madhogaria, Son of Late Laxmi Narayan Madhogaria, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Ram Prasad Shah, Son of Late Ramdev Shah, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Jagadish Shah, Son of Late Ramdev Shah, Resident of Village - Smrahi Bazar P.S. Raghopur District Supaul

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Nand Kumar Shah, Son of Vishnu Nath Shah, Resident of Village - Smrahi Bazar P.S. Raghopur District Supaul

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Md. Mohshin, Son of Late Abdul Gaffar, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Md. Jaffuruddin, Son of Late Abdul Sakur, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Mahendra Prasad Shah (Gupta), Son of Bhola Prasad Shah, Resident of Village

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Patna High Court CWJC No.5989 of 2017 dt.13-09-2018

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2/3

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Simrahi Bazar, P.S. Raghopur, District - Supaul.

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Ila Devi, Wife of Baidyanath Sah, Resident of Village - Simrahi Bazar, P.S. Raghopur, District - Supaul.

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.... .... Petitioners

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Versus

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National High Way Authority of India through its Chairman

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Chairman, National High Way Authority of India.

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Secretary, Government of India, Department of Road Transport & High Ways

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Director, Land Acquisition Bihar Patna.

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District Collector, Supaul

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The Project Director, National Highway Authority of India, Purnea

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The Competent Authority-cum-District Land Acquisition Officer, Supaul.

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.... .... Respondent/s =========================================================== Appearance : For the Petitioners : Mr. Binodanand Mishra, Advocate For the Res. No. 1, 2 & 3 : Mr. Anshay Badadur Mathur, Advocate For the State : Mr. Asif Kalim, A.C. to A.A.G.-12 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-09-2018

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Heard learned counsel for the parties.

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Grievance of the petitioners is that land of the petitioners mentioned in para 15 of the writ application were acquired for construction/expansion of the National Highway NH-57 under the provisions of the National Highways Act. However, compensation has not been decided as yet. Prayer is that representation of the petitioners before the authority at Annexure-5 dated 02.12.2013 is still awaiting final result wherein the petitioners have prayed for compensation considering the acquired land as commercial land.

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It appears that on consideration of representation at

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Patna High Court CWJC No.5989 of 2017 dt.13-09-2018

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3/3

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Annexure-5, the authorities have called for a report from the Executive Engineer, Building Department, Supaul by letter dated 15.12.2015 at Annexure-6. However, no result on the Annexure-6 has been communicated to the petitioners as yet.

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After hearing the parties and considering the nature relief prayed, the respondents, especially, respondent no. 7, the Competent Authority-cum-District Land Acquisition Officer, Supaul is directed to pass necessary order on the representation of the petitioners at Annexure-5 within three months from the date of receipt/production of a copy of this order.

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With the aforesaid observation, this writ application stands disposed of.

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(Birendra Kumar, J)

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Kundan/-

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AFR/NAFR	N.A.
CAV DATE	N.A.
UploadingDate	14.09.2018
Transmission Date	N.A.

Nand Kumar Jaiswal and Ors. v. National High Way Authority Of India Through Its Chairman and Ors.

Case brief

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Nand Kumar Jaiswal and Ors. v. National High Way Authority Of India Through Its Chairman and Ors.

Case brief

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What did the court decide?

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