Arun Kumar Singh Vs The Natioanl Highway Authority Ministry Of Road Transport And National Highway and Ors. — Patna HC (2025) — LawSathi Research

Arun Kumar Singh Vs The Natioanl Highway Authority Ministry Of Road Transport And National Highway and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a fresh petition within four weeks before respondent no.3, the Arbitrator cum Commissioner, Patna, for redressal of his grievance; with the said liberty, the writ petition stands disposed of.

Issue for consideration

Whether the entire land acquisition proceeding for widening (four lane) of National Highway 30 and NH-84 from Patna to Buxar should be quashed for non-compliance with Section 3-C of the National Highway Act, 1956 after publication of notification under Section 3-A. +4 more

Ratio / Principle

The petitioner's grievance is to be taken up for redressal by respondent no.3, the Arbitrator cum Commissioner, Patna, where the petitioner shall file a fresh petition within the next four weeks; granting this liberty, the writ petition stands disposed of. Learned State counsel submitted that if such a petition is filed it will be taken to its logical conclusion if still not taken. None of the pleaded grounds (Sections 3-A, 3-C, 3-G, 5 and 6) was adjudicated on merits.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), Oral Order dated 22-04-2025 in CWJC No.11405 of 2017 - Arun Kumar Singh v. The Natioanl Highway Authority & Ors.: The petitioner sought quashing of the entire land acquisition proceeding for widening (four lane) of NH-30 and NH-84 from Patna to Buxar, alleging non-compliance with Sections 3-A, 3-C, 3-G (including sub-clause 3) and 5 & 6 of the National Highway Act, 1956, and challenging the award quantum as determined without hearing him, with a prayer for market-value determination treating the land as commercial, industrial or residential. Without deciding any of these grounds, the Court granted the petitioner's limited request: his grievance is to be taken up by respondent no.3, the Arbitrator cum Commissioner, Patna, where he shall file a fresh petition within four weeks. Learned State counsel submitted that such a petition, if filed, would be taken to its logical conclusion if still not taken. Granting the said liberty, the writ petition stood disposed of. No precedent was cited or considered; no monetary amount was awarded.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11405 of 2017

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

Arun Kumar Singh Son of Late Yogendra Narayan Singh Resident of Village - Kulhariya, P.S. Koilwar, District - Bhojpur Ara.

... ... Petitioner/s

Versus

The Natioanl Highway Authority Ministry Of Road Transport And National Highway and Ors

The State of Bihar through the Chief Secretary, Govt. of Bihar.

The Commissioner, Patna.

The Collector, Bhojpur at Ara.

The Addl. Collector, Bhojpur at Ara.

The Land Reforms District Collector, Bhojpur at Ara.

The District Land Acquisition Officer, Bhojpur at Ara.

The Sub-Divisional Magistrate cum Addl. Land Acquisition Officer, Bhojpur at Ara.

The Circle Officer, Koilwar Circle, Koilwar, District Bhojpur.

The Circle Inspector, Koilwar Circle, Koilwar, District Bhojpur.

The Halka Karamchari, Koilwar Circle, Koilwar, District Bhojpur.

... ... Respondent/s

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

Appearance : For the Petitioner/s : Mr.Kamlesh Kumar, Adv. For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP14 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 22-04-2025 Heard the parties.

The petition has been filed for:-

“i. For the quashing of entire land

acquisition proceeding by which land is being acquired for the wideness (Four lane) of National Highway 30 and NH-84 from Patna to Buxar in non compliance of the provision as laid down u/s. 3-C

Patna High Court CWJC No.11405 of 2017(2) dt.22-04-2025 2/3

after publication of notification under section 3-A of the National Highway Act 1956.

ii. Further quashing of the entire proceeding in non compliance of the provision as laid down u/s. 3-G of the National Highway Act 1956.

iii. For quashing of the entire proceeding also on the ground of, arbiterness in exercising the power by the State Government authorities as power referred and specified u/s. 5 & 6 of national High way Act 1956.

iv. To declare the quantum of award is invalid and illegal, determined without being heard the claim of the petitioner as provision laid down in Sub-clause-3 of the section 3-G of the National Highway Act 1956.

v. That after quashing of the entire proceeding, a direction be given to the respondents, to initiate a fresh proceeding for the land in question and to determine the award accordance with law or a direction be given to the respondents determine the to calculate and award of land in question at the rate

Patna High Court CWJC No.11405 of 2017(2) dt.22-04-2025 3/3

of the market value as land of the Petitioner comes within the categorically commercial, industrial or residential land, after hearing the claim of the petitioner.

vi. Any other relief/ reliefs be granted to the petitioner as so he is entitled in eye of law.

Learned counsel for the petitioner submits that he will be satisfied if the matter is taken up by the respondent no.3, the Arbitrator cum Commissioner, Patna for the redressal of his grievance where he shall be filing a fresh petition in next four weeks.

Learned State counsel submits that if the same is filed, it will be taken to its logical conclusion if still not taken.

Granting the said liberty, the writ petition stands

disposed of.

(Rajiv Roy, J)

perwez/-

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