Petitioners challenged lower compensation for acquired agricultural land. The Court held their claim should not be barred by delay if applied to the Divisional Commissioner within three weeks, noting confusion over the arbitrator appointment.
Liberty to petitioners to apply to the Divisional Commissioner within three weeks without delay bar.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4609 of 2019
======================================================
... ... Petitioners Versus
... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr.Vishal Saurabh Mr.Sanjit Kumar Sinha For the Respondent/s : Mr.Fakhruddin Ali ahmad, AC to AAg-12 For the NHAI : Mr. S.N.Pathak Mr. Anshay Bahadur Mathur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
Patna High Court CWJC No.4609 of 2019(2) dt.08-03-2019 2/3
2 08-03-2019 The petitioners have limited prayer. Their land has been acquired under the National Highway Act, 1956, for construction/widening of N.H.-2. It is their grievance that though they are entitled for compensation on a higher rate treating the nature of land to be commercial, payment of compensation has been made treating the same to be agricultural. They have filed an application before the Collector, Rohtas, which is said to be pending since 24.12.2018.
Learned counsel appearing on behalf of the State of Bihar and the National Highway Authority of India inform this Court that now the Divisional Commissioners of all the Divisions have been notified to act as Arbitrator under Section 3-G(5) of the National Highway Act, 1956.
In such view of the matter, this application is disposed of with a liberty to the petitioners to approach the Divisional Commissioner, Patna, raising the grievance, which has been raised in the present writ application. Keeping in mind the fact that there has been some confusion as to who has been notified as Arbitrator by the Central Government, as required under Section 3-G(5) of the Act, it is directed that the petitioners’ claim should not be turned down on the ground of delay, if any such application is made before the Commissioner within three
Patna High Court CWJC No.4609 of 2019(2) dt.08-03-2019 3/3
weeks from today.
The Court expects that the arbitration proceedings
will be expeditiously decided.
This application is accordingly disposed of.
(Chakradhari Sharan Singh, J)
Pawan/-
U
1 issue framed by the court
Whether the petitioners' claim regarding delayed compensation application is barred by delay.
1 provisions across 1 enactments
Rohit Kumar and Others
Union of India
State of Bihar
District Magistrate, Rohtas
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
