Petitioner sought compensation for land acquired for NH-77 construction and claimed shortfall. Court directed petitioner to approach Arbitrator for remedy within four weeks if aggrieved by compensation amount or claim for new structure.
Petitioner granted liberty to approach Arbitrator within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1010 of 2024
======================================================
Saroj Kumar S/o Late Bijali Prasad Singh, resident of House No. 62, Ward No. 05, Village-Jahangirpur Patedha, P.S.-Sarai, Distt.-Vaishali.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Mahendra Thakur, Advocate For the Respondent/s : Mrs. Anuradha Singh, SC- 21 For the NHAI : Dr. Maurya Vijay Chandra, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
and the NHAI.
reliefs:
(i) for issuance of a writ in the
nature of mandamus or any other appropriate writ/ writs, Direction/ Directions, Order/Orders, directing and
commanding the respondents'
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authorities to pay the compensation amount by proper evaluation of the house/construction which was existing over the land of the petitioner that was acquired at the time of construction of NH-
77 (Hajipur-Muzaffarpur), along with permissible bank interest from the date of acquisition till the date of payment;
(ii) for any other writ/writs, direction/directions, as this Hon'ble Court thinks fit and proper in the facts and circumstances of this case.
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Acquisition Officer, Vaishali at Hajipur and para-4, is incorporated hereinbelow:
4. (1) That land situated of Saidpur Patedha, Thana No. 326, Khata No. 134, Khesra No. 570, Area 0.040 Hec. Had been acquired for NH 77 HajipurMuzaffarpur four lane road construction under N.H Act 1956 in year 2009-2010. The nature of that land published in 3Das Residential.
(II) That Again apart of 0.008 Hec. Land of that kheshra acquired in year 2012-2013. The nature of land published Commercial/Residential in 3 D.
(III) That award of that land prepared separately and compensation amount had been paid to the petitioner with his Cosharer.
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(IV) That in first phase, 0.040 Hec. land acquired, out of which 80% compensation amount Rs. 669362.00 of that 0.040 Hec. Land and rest 20% with difference amount Rs. 235843.00 had been paid to the petitioner at the rate of Residential rate. Again on the basis of six men committee report out of 0.040 Hec. Land, 0.012 Hec. Land declared commercial and difference amount Rs. 331992.00 paid and again on the basis of order of Arbitration Court, 0.024 Hec. Land declared commercial, and on that basis, difference amount of land at the rate of commercial rate, amount Rs. 924891.00 also paid to the petitioner.
(V) That on the basis of report submitted by Ex. Engineer
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Building department, the compensation amount Rs.
270900.00 of structure situated on that land has also been paid to the petitioner.
(VI) That the compensation amount of land area 0.008 Hec which was acquired again, also had been paid to the petitioner at the rate of commercial of area 0.002 Hec and residential rate of area 0.006 Heс.
(VII) That after publication of 3D
in first phase payment of compensation had been done. Alignment had been demarcated by NHAI. Some excess land was coming under that alignment which area was 0.008 Hec and for acquisition of that land fresh notification of 3A and 3D done and 0.008 Hec. Land of plot
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no.570 acquired again and compensation amount, out of 0.008 Hes. Amount of 0.002 Hec, Land at the rate of commercial rate, total Rs. 226292.00 rupees
paid to the petitioner S compensation of that land.
(VIII) That after surveying and on the basis of report and valuation report submitted by Ex-Engineer
building department, the compensation amount of
structure/building which was situated and existed on that land within alignment at the time of Survey and acquisition, already paid to the petitione. So, claim for new structure did not consider by CALA
(IX) That the claim for petitioner is not justified and acceptable.
(X) That if the petitioner has any
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objection, he should claim it
before the Arbitrator Court.
respondent has clearly averred that if the petitioner is still aggrieved, he could avail remedy before the Arbitrator.
disposed of.
(Rajiv Roy, J)
Ravi/-
U
2 issues framed by the court
Whether the petitioner can approach the Arbitrator to claim further difference in compensation amount.
Whether the claim for new structure is maintainable or if objection should be raised before Arbitrator Court.
1 provisions across 1 enactments
Saroj Kumar
State of Bihar
Union of India
NHAI
Collector, Vaishali
District Land Acquisition Officer, Vaishali
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
