Disposed

Lal Behari Jha @ Lal Behari Jha v. The Union of India

Patna HC25 Jun 2024CWJC/4432/2024

Case brief

AI extract

What is this about?

Landowner sought compensation at market rate for land acquired for a national highway, contending the category in the award was wrongly decided. The court noted the remedy before the Arbitrator-cum-Commissioner under Section 3G(5) and disposed of the petition with liberty to approach that authority within four weeks.

What did the court decide?

Liberty to approach the Divisional Commissioner under Section 3G(5) within four weeks; limitation to be considered in light of pendency of writ petition.

Lal Behari Jha @ Lal Behari Jha Vs The Union of India — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4432 of 2024

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Lal Behari Jha @ Lal Behari Jha Son of Late Abhay Kant Jha Ward no 04 jhanjharpur, Post-Behat P.S.-Lakhanaur, Dist.-Madhubani, Bihar.

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... ... Petitioner/s

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Versus

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The Union of India through the Secreary, Ministry of Road Transport and Highways, New Delhi

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

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The Principal Secretary, Revenue and Land Reforms, Department, Patna, Bihar.

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The Director, the National Highway Authority of India, New Delhi.

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The Regional Director, National Highway Authority of India, Patna.

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The Divisional Commissioner, Darbhanga, Bihar.

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The District Magistrate, Madhubani, Bihar.

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The Director, Land Acquisition Department, Patna. Bihar.

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The District Land Acquisition Officer, Madhubani.

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The Circle Officer, Lakhanaur, Dist.-Madhubani.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Jha, Advocate For the Respondent/s : Mr. Additional Solicitor General For the NHAI : Mr. Sriram Krishna, Advocate Mr. Prabhat Kumar Singh, Advocate For the UOI : Ms. Punam Kumari, CGC Mr. Vaibhav Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 25-06-2024 Heard the parties.

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The present writ petition has been preferred for the

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grant of following relief/s:-

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“That the writ petition is being filed for

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issuing writ/writs, order/orders or direction/directions in the nature of Mandamus

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Patna High Court CWJC No.4432 of 2024(2) dt.25-06-2024 2/2

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to respondents for payment of compensation amount on the basis of the purchase price/Market rate.”

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Learned counsel for the petitioner submits that though award made/compensation paid, the category was not properly decided and in that background, he is aggrieved.

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He though concede that if anyone is aggrieved, he/she has liberty to approach the Arbitrator-cumCommissioner, here the Divisional Commissioner, Darbhanga under Section 3G(5) of the National Highways Act, 1956.

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Learned counsel for the petitioner submits that he will be approaching the said authority in next four weeks.

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The present writ petition stands disposed of with a direction that if the petitioner approaches the concerned authority in next four weeks, the Arbitrator shall take into account that the writ petition was pending before this Court while taking up the limitation petition.

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(Rajiv Roy, J)

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Adnan/-

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Lal Behari Jha @ Lal Behari Jha v. The Union of India

Case brief

What is this about?

What did the court decide?

Lal Behari Jha @ Lal Behari Jha v. The Union of India

Case brief

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What did the court decide?

What the court decided

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