Ram Bhawan Singh Vs Union of India — Patna HC (2024) — LawSathi Research

Ram Bhawan Singh Vs Union of India — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the petitioner to file a fresh application with a copy of the order before the Arbitrator-cum-Divisional Commissioner, Patna within eight weeks, raising all points; respondent authority to consider and dispose of it by a reasoned and speaking order after hearing parties, preferably within eight months.

Issue for consideration

Whether the petitioner is entitled to payment of compensation treating his land as residential rather than agricultural. +1 more

Ratio / Principle

The writ petition is disposed of with a direction to the petitioner to file a fresh application, along with a copy of the order, before the Arbitrator-cum-Divisional Commissioner, Patna, raising all his points, within eight weeks.

Key takeaways

If such application is filed within the stipulated period, the respondent authority shall consider it in accordance with law and dispose of it by a reasoned and speaking order after hearing all parties, preferably within eight months of receipt/production of the copy of the order.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), by oral order dated 03-01-2024, disposed of a Civil Writ Jurisdiction Case in which the petitioner sought enhancement of compensation for land acquired for a national highway project, his award having been calculated treating the land as agricultural while he claimed it should be treated as residential. Noting that the award had already been prepared and accepted by the petitioner with objection, and that liberty was available to apply under Section 3G(5) (as cited in the judgment) before the Arbitrator-cum-Divisional Commissioner, the Court directed the petitioner to file a fresh application with a copy of the order before the Arbitrator-cum-Divisional Commissioner, Patna, raising all his points within eight weeks. If filed within that period, the respondent authority was to consider the application in accordance with law and dispose of it by a reasoned and speaking order after hearing all parties, preferably within eight months of receipt/production of the order's copy. The merits of the residential-versus-agricultural classification were left to the statutory forum.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14467 of 2023

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

Ram Bhawan Singh Son of Nawal Kishor Singh Resident of Village-Paithani Natthupur, P.O.-Pakri Anisaabd, P.S.-Beur, District-Patna.

... ... Petitioner/s

Versus

Union of India, through the Secretary, Ministry of Road Transport and Highway, New Delhi.

The State of Bihar through the Collector and District Magistrate, Patna.

The Director Cum Special Secretary, Land Acquisition, Patna.

The Comissioner, Patna Division, Patna.

The District Land Acquisition Officer, Patna.

The Project Director, National Highway Authority, New Delhi.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Girjanand Prasad, Advocate For the U.O.I. : Mr. Vandana Kishroe, Advocate For the State : Mr. Saurabh Kumar , AC to SC 19 For the NHAI : Mr Kumar Gautam , Advocate

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

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 03-01-2024 Heard learned counsel for the parties.

The present writ petition has been filed for

enhancement of compensation amount which has been prepared and received by petitioner with objection.

Counsel for the petitioner submits that the petitioner is entitled to receive the payment of compensation treating his land as residential whereas his Award has been calculated treating his land as agricultural.

Counsel for the National Highways Authority of India submits that since Award has already been prepared and

Patna High Court CWJC No.14467 of 2023(2) dt.03-01-2024 2/2

petitioner has accepted the Award with objection then in that case the liberty is available to the petitioner to file an application under Section 3G(5) of the National Highways Authority of India, 1956 before the Arbitrator-cum-Divisional Commissioner.

In this view of the matter, the present writ petition is disposed of directing the petitioner to file a fresh application along with a copy of this order before the Arbitrator-cumDivisional Commissioner, Patna raising all his points within eight weeks from today .

In the event such application is filed within the aforesaid period, the respondent authority shall consider the same in accordance with law and dispose of the same by a reasoned and speaking order after hearing all the parties preferably within a period of eight months from the date of receipt/production of the copy of this order.

(Prabhat Kumar Singh, J)

Koushik/-

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