Dismissed

Nilam Kumari Sinha v. The Union Of India and Ors.

Patna HC14 Sept 2018CWJC/6389/2017

Case brief

AI extract

What is this about?

This writ petition challenged the valuation of land acquired for National Highway-83. The petitioner sought a fresh calculation of compensation. The court held the writ application premature as the same issue was already pending before an arbitrator.

What did the court decide?

The prayer for fresh calculation and valuation of the land was dismissed as the writ application was held premature.

Nilam Kumari Sinha Vs The Union Of India and Ors. — 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.6389 of 2017

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

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Nilam Kumari Sinha, Wife of Ajay Kumar Sinha, Resident of MohallaGodabari (Bhairo Asthan), PS-Rampur, District-Gaya.

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.... .... Petitioner/s Versus

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The Union of India through the Secretary, Ministry of Road Transport & Highway, Transport Bhawan, I Parliament Street, New Delhi.

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The Secretary, National Highway Authority of India, G-5 & 6 Dwarika, New Delhi. 110075.

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The Narional Highway Authority of India, D-63 Sri Krishnapuri, Patna-800001. 4. The State of Bihar, through the Chief Secretary Government of Bihar, Old Secretariat, Patna

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The District Collector, Gaya.

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The District Land Acquisition Officer, Gaya.

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The Circle Officer, Rampur Anchal, Gaya.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : None For the Respondents 5 to 7: Mr. Sajid Salim Khan, SC-25 For the NHAI : Mr. Anshay Bahadur Mathur, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 14-09-2018

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No one appears on behalf of the petitioner.

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Counter affidavit has been filed on behalf of respondent

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Nos.5 to 7 today.

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This writ application has been filed for issuance of mandamus against the respondent-authorities commanding them to make fresh calculation and valuation of the land referred in paragraph1 of the writ petition, which was acquired for construction of National

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Highway-83.

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Patna High Court CWJC No.6389 of 2017 dt.14-09-2018

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P2/

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In paragraph-13 of the writ petition, the petitioner has stated that he has already moved against the decision of the competent authority before the Arbitrator vide Arbitration Case No.189 of 2015.

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Since the same prayer of the petitioner is pending before the competent authority, this writ application is premature. Accordingly, it stands dismissed.

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(Birendra Kumar, J)

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Mkr./-

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AFR/NAFR NAFR CAV DATE NA Uploading Date 19.09.2018 Transmission Date

Nilam Kumari Sinha v. The Union Of India and Ors.

Case brief

What is this about?

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Nilam Kumari Sinha v. The Union Of India and Ors.

Case brief

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