Disposed¶24

Gajendra Dwivedi v. The State of Bihar

Patna HC25 Jun 2024CWJC/4333/2024

Case brief

AI extract

What is this about?

Land acquisition compensation; NH 527(c) widening; Arbitration Case No. 1/20 / No. 01/2020; Arbitrator cum Commissioner Darbhanga; compensation at residential rate vs agricultural rate; Mauza Piropkhar Plot No. 1549, 7.91 decimal; Madhubani; pendency of arbitration case for four and a half years; writ disposed of with three-month deadline to conclude arbitration after hearing all necessary parties; State of Bihar Land Development Department; NHAI Project Director Darbhanga; District Magistrate Madhubani; Land Acquisition Officer Madhubani.

What did the court decide?

Direction to the Arbitrator cum Commissioner, Darbhanga division, Darbhanga to immediately take up Arbitration Case No. 01/2020, if still not disposed of, and conclude it within three months after hearing all the necessary parties. ¶24

Gajendra Dwivedi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4333 of 2024

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Gajendra Dwivedi S/o Late Abadh Dwivedi, R/o Village Pirokhar, P.S. Madhawapur, District Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar through Director the Land Development Department, Govt. of Bihar, Patna.

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The Project Director, the National Highway Authority of India Professor Colony Dighi West Darbhanga.

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The Arbitrator cum Commissioner, Darbhanga.

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The District Magistrate, Madhubani.

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The Land Acquisition Officer, Madhubani.

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... ... Respondent/s

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

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Appearance :

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For the Petitioner/s : Mr. Krishna Murari, Advocate For the Respondent/s : Mr. Jai Prabhat Kishore, AC to SC-13 For the NHAI : Mr. Iti Suma, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 25-06-2024 Heard the parties.

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The present petition has been preferred for issuance of direction to the Respondent no.3, the Arbitrator cum Commissioner, Darbhanga for considering the claim of the petitioner filed before him Arbitration Case No. 1/20 for payment of compensation at the residential rate, place of Agricultural Land Acquired Widening for NH 527(c) bearing Mauza Piropkhar, Plot No. 1549, Area 7.91 decimal boundary North-Yogendra Dubey, South-Madan Lal, East- Chandeshwar Dubey, West-Road.

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This Court has regularly shows its anguish to the

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Patna High Court CWJC No.4333 of 2024(2) dt.25-06-2024 2/2

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state of affairs prevailing in Bihar where a citizen has to approach the Patna High Court merely for disposal of a particular case, in this case the Arbitration Case No. 01/2020 pending before the Arbitrator cum Commissioner, Darbhanga since last four and half years.

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A perusal of the certified copy of the petition preferred by the petitioner before the Commissioner, Darbhanga shows that it was filed on 27.01.2020. It is unfortunate that it could not be disposed of in next four years, forcing the petitioner to move before this Court.

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The respondents are present and unanimous on the point that the matter has to be taken to its logical conclusion at an earliest, if the same has still not been disposed of.

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The writ petition stands disposed of directing the Arbitrator cum Commissioner, Darbhanga division, Darbhanga to immediately take up the matter, if still not disposed of and take the same to its logical conclusion in next three months after hearing all the necessary parties.

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(Rajiv Roy, J)

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kiran/-

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Gajendra Dwivedi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gajendra Dwivedi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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