Disposed

Suresh Chandra Jauhari v. The State of Bihar

Patna HC29 Aug 2023CWJC/5814/2023

Case brief

AI extract

What is this about?

In a writ petition challenging the non-payment of enhanced compensation and lack of action on representation regarding land acquired for a National Highway, the court directed the petitioner to file an application under Section 3 G(5) of the National Highway Act, 1956 and directed the Arbitrator to decide expeditiously.

What did the court decide?

Petitioner directed to file application under Section 3 G(5) of National Highway Act, 1956 within 4 weeks; Arbitrator directed to pass reasoned order expeditiously.

Suresh Chandra Jauhari Vs The State of Bihar — Public Procurement and Tenders | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5814 of 2023

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Suresh Chandra Jauhari S/o Late Ram Narayan, resident of mohalla - Mahajan Toli Navratan Bazar, P.O. and P.S. Sasaram, District - Rohtas.

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Sudama Singh, S/o Ramavtar Singh, resident of Karan Sarai, P.O. Sasaram, District - Rohtas.

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Kamlelsh Singh, S/o Anirudh Singh in front of D.M. Colony, Fazalganj, Sasaram, Rohtas.

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Ranvijay Pratap Singh, son of Kulbansh Singh, resident of Nishan Nagar Baddi, Rohtas.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform Govt. of Bihar, Patna.

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The Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

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The Commissioner, Patna Division, Patna.

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The District Magistrate, Sasaram.

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The Land Acquisition Officer, Sasaram.

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The Deputy Collector, Land Reforms Rohtas, Sasaram.

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The Sub Divisional Officer, Rohtas, Sasaram.

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The Circle Officer, Shivsagar, Rohtas.

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The Dirrector of Consolidation Officer, Bihar, Patna.

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The National Highway Authority for NH- 2 Shivsagar, Rohtas (Newly NH19), Dist. - Rohtas at Sasaram.

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... ... Respondent/s

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

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Appearance :

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For the Petitioner/s : Mr. Pankaj Kumar Choubey, Adv. For the Respondent/s : Mr. Rishi Raj Sinha (SC-19) : Mr. Manoj Kumar Sinha, AC to SC-19 For the NHAI : Mr. Manoj Kumar Sinha, Adv. : Mr. Dr. Anand Kumar, Adv. : Mr. Ramesh Gupta, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 29-08-2023

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Heard learned counsel for the petitioner, learned

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counsel for the N.H.A.I. and learned counsel for the State.

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Counsel for the petitioner submits that the present

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writ petition has been filed for payment of enhanced compensation amount and land of the petitioner was acquired for construction of National Highway. Counsel submits that the petitioner filed

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Patna High Court CWJC No.5814 of 2023(2) dt.29-08-2023 2/2

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representation before Pariyojana Nideshak (Annexure-3) but no action has taken place till date.

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Counsel for the N.H.A.I submits that the land has been acquired under the provision of National Highway. As such, it is guided by the National Highway Act, 1956 [Act No. 48 of 1956]. He further submits that award has already been prepared in this case and only remedy available to the petitioner is to file an application under Section 3 G(5) of the National Highway Act, 1956 [Act No. 48 of 1956] before the competent authority/Arbitrator-cum-Divisional Commissioner, Patna.

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Counsel for the State also supports the argument of counsel of N.H.A.I.

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In this view of the matter, this writ petition is disposed off with the direction to the petitioner to file an application under Section 3 G(5) of the National Highway Act, 1956 [Act No. 48 of 1956] within 4 weeks from the date of disposal and Arbitrator-cum-Divisional Commissioner, Patna is directed to file a reasoned and speaking order in this matter as expeditiously as possible.

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(Dr. Anshuman, J.)

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Ashishsingh/-

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Suresh Chandra Jauhari v. The State of Bihar

Case brief

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Suresh Chandra Jauhari v. The State of Bihar

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