Naved Asgar @ Nawed Asghar v. The State Of Bihar and Ors.
Land acquisition – National Highway-28A widening – Notice dated 17.05.2010
Case brief
What is this about?
Patna High Court, CWJC No.7512 of 2016, Prabhat Kumar Singh, J., order dated 04-01-2024: writ petition concerning land acquired for widening of National Highway-28A (Notice dated 17.05.2010) seeking demarcation, vacation of land and reassessment of compensation at commercial value; disposed of on the ground of alternative remedy under Section 3G(5) of the National Highways Act, 1956, relegating the petitioner to the arbitrator to be appointed by the Central Government; limitation before the competent authority to be viewed favourably owing to pursuit of the matter under Article 226. Keywords: alternative remedy, Section 3G(5), National Highways Act 1956, land acquisition compensation, NH-28A, East Champaran, Motihari, arbitrator, Article 226.
What did the court decide?
Writ petition disposed of with liberty to the petitioner to seek remedy before the appropriate forum as may be available to him in accordance with law (application under Section 3G(5) of the National Highways Act, 1956), with the observation that any question of limitation before the competent authority shall be considered in light of the petitioner's pursuit of the matter before this Court under Article 226 of the Constitution of India.