Narendra Jha @ Narendra Za Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

Narendra Jha @ Narendra Za Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

What the court decided

AI extract

Outcome

Petitioner directed to file a fresh representation, with a copy of the order, before the Arbitrator-cum-Divisional Commissioner, Madhepura raising all his points; the authority to examine the representation and pass appropriate order after hearing the parties in accordance with law; any question of limitation to be considered in light of the petitioner's pursuit of the matter before the High Court under Article 226 of the Constitution of India.

Issue for consideration

Whether the petitioner's challenge to the notice(s) dated 04.12.2021 fixing a lesser amount of fair compensation is maintainable in writ jurisdiction, or whether the petitioner should be relegated to the remedy of an application under Section 3G(5) of the National Highways Act, 1956 before the Arbitrator-cum-Divisional Commissioner. +1 more

Court's answer

On the alternative-remedy objection, the writ petition is disposed of with a direction to the petitioner to file a fresh representation, together with a copy of the order, before the Arbitrator-cum-Divisional Commissioner, Madhepura, raising all his points; that authority shall examine the representation and pass appropriate order after hearing the parties, in accordance with law.

Key takeaways

If any question of limitation arises before the authority concerned, it shall be considered taking into account that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.obiter¶24

Detailed headnote1 paragraphs

Land acquisition compensation dispute (Madhepura; N.H.A.I. project): writ petition sought quashing of notice(s) dated 04.12.2021 issued in L.A.Case No. 02/202021, by which a lesser amount of fair compensation was calculated without any spot verification by the six-member committee and without considering the petitioner's representation dated 22.10.2020. On the State's preliminary objection of an alternative remedy, the Court disposed of the petition directing the petitioner to file a fresh representation, with a copy of the order, before the Arbitrator-cum-Divisional Commissioner, Madhepura under Section 3G(5) of the National Highways Act, 1956, raising all his points; the authority to examine the representation and pass appropriate order after hearing the parties in accordance with law. Any question of limitation before the authority to be considered in view of the petitioner's pursuit of the matter before the High Court under Article 226 of the Constitution of India. (Prabhat Kumar Singh, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1107 of 2022

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Narendra Jha @ Narendra Za Son of Late Jateshwar Jha @ Jateshwar Za Resident of Village- Rampur, P.O. Rampur, P.S. Murliganj, DistrictMadhepura.

... ... Petitioner/s

Versus

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

The District Magistrate-cum- Collector, Madhepura.

The Additional Collector, Madhepura.

The Competent Authority-cum- District Land Acquisition Officer, Madhepura.

N.H.A.I. through Project Director (P.I.U.) Madhepura.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Bishwa Nath Chaudhary, Advocate Mr. Mithilesh Kumar, Advocate For the Respondent/s : Mr.Md. Khurshid Alam (AAG-12) Mrs.Nutan Sahay, AC to AAG-12 Mr. S.N.Pathak, Advocate with Mr. Saurav Nikunj

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 04-01-2024 Heard learned counsel for the parties.

This writ application has been filed for quashing of

the notice(s) dated 04.12.2021 issued in L.A.Case No. 02/202021, by which, the lesser amount of fair compensation has been calculated without any spot verification by the six member committee or without considering the representation dated 22.10.2020 of the petitioner.

At the very outset, learned counsel for the respondents / State raises preliminary objection to the effect that

Patna High Court CWJC No.1107 of 2022(4) dt.04-01-2024 2/3

petitioner has got alternative remedy with regard to insufficiency of compensation amount, by way of filing appropriate application under Section 3G(5) of the National Highways Act, 1956 before the Arbitrator-cum-Divisional Commissioner, which reads as follows:

“If the amount determined by the competent authority under sub-section (1) or subsection (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.”

In this view of the matter, the present writ petition

is disposed of directing the petitioner to file a fresh representation along with a copy of this order before the Arbitrator-cum-Divisional Commissioner, Madhepura raising all his points, who shall examine his representation and pass appropriate order, after hearing the parties, in accordance with law.

It goes without saying that if any question of limitation arises before the authority concerned, the same shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article

Patna High Court CWJC No.1107 of 2022(4) dt.04-01-2024 3/3

226 of the Constitution of India.

Writ application stands disposed of with the

aforesaid observations.

(Prabhat Kumar Singh, J)

anay/-

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