Smt. Saroj Devi v. The State of Bihar
Case brief
What is this about?
Petitioners, owners of land acquired for the construction of the Four Lane Project of NH-31, filed a writ petition for compensation under the RFLARR Act, 2013. The Court held that the National Highways Act, 1956 is the basic governing law. It discharged the petitioners to file an application under Section 3G(5) of the National Highways Act, 1956 before the Arbitrator within four weeks and directed the competent authority to pass orders within nine months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5356 of 2023
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- Smt. Saroj Devi Wife of Shri Arvind Kumar, Resident of Village Karigaon, P.S. - Rajauli, District Nawada.
- Ashawani Kumar, Son of Late Bindeshawari Prasad Singh, Resident of Village Dhardha, P.S. - Darha, District Aurangabad.
... ... Petitioner/s
Versus
- The State of Bihar through the Chief Secretary, the Government of Bihar, Patna.
- The Principal Secretary, Road Transport and Highway Department, the Government of Bihar, Patna.
- The National Highway Authority of India through its Reginal Officer, Patna.
- The Regional Officer, National Highway Authority of India, Regional Office, Patna.
Issues for consideration
2 issues framed by the court
Whether petitioners seeking compensation for acquired land are directed to file an application under Section 3G(5) of the National Highways Act, 1956 before the Arbitrator.
Whether the Divisional Commissioner, Gaya is directed to pass orders within a specified time frame.
Parties & counsel
- petitioner
Smt. Saroj Devi
- petitioner
Ashawani Kumar
- respondent
The State of Bihar
- respondent
NHAI
Coram
Case details
As recorded by the court registry
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