Surendra Yadav Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Surendra Yadav Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the competent authority/Court for enhancement of compensation; if approached within four weeks, the delay in filing to be considered given the eight-year pendency; writ petition disposed of.

Issue for consideration

Whether the order dated 30.6.17 of the Additional Collector, Madhubani rejecting the petitioner's petition under section 3G(7) of the National High Ways Act should be quashed and the petitioner permitted to approach the competent authority/Court for enhancement of compensation for his land acquired for NH 104.

Court's answer

Liberty was granted to the petitioner to approach the competent authority/Court, as recorded by the learned Additional Collector, Madhubani in the order under challenge, for enhancement of compensation.

Ratio / Principle

If the petitioner approaches the competent authority/Court within the next four weeks, the delay in filing the petition is to be considered in view of the writ petition having been pending before this Court for the last eight years.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J) disposed of CWJC No.15698 of 2017 (Surendra Yadav v. State of Bihar and others) by order dated 06-05-2025. The writ petition sought quashing of the order dated 30.6.17 of the Additional Collector, Madhubani rejecting the petitioner's petition under section 3G(7) of the National High Ways Act and directing him to approach the competent court for enhancement of compensation for 86 decimals of land (Khesara nos. 5459, 5450 and 5460, Mauza Narahiya, P.S. Laukahi, Madhubani) acquired for widening and consolidation of NH 104, and payment of compensation at market value under section 3G of the National High Ways Act 1956. Learned counsel submitted the petitioner had a good case and sought liberty to approach the competent authority/Court as recorded in the order under challenge. The Court granted the liberty, observed that if the petitioner approached within the next four weeks the delay in filing would be considered in view of the eight-year pendency, and disposed of the writ petition.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15698 of 2017

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

Surendra Yadav S/o Sri Balachand Yadav Resident of Village Ram Nagar Tola Benipatti P.S. Phulparas District- Madhubani.

... ... Petitioner/s

Versus

The State Of Bihar

The Additional Collector, Madhubani.

The District land Acquisition Officer.

The Executive Engineer, N.H. 104 National High Way Division Sitamarhi.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Respondent/s : Mr. Sajid Salim Khan - SC-25 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 06-05-2025

Heard Mr. Ratnakar Jha, learned counsel for the

petitioner on the State

The present writ petition has been preferred for the following relief(s):

“(i) To issue on appropriate orders, direction/s including a writ preferably in the nature of (FRT/ORAR) for quashing the order dt. 30.6.17 passed by the learned Additional, Collector Madhubani whereby and where under petition filed by the petitioner under section 3G(7) of the National High Ways Act has been rejected and the petitioner has been directed to approach court

Patna High Court CWJC No.15698 of 2017(2) dt.06-05-2025 2/3

before the of competent jurisdiction for enhancement of amount of compensation.

(ii) To issuance an appropriate order/s direction/s including a writ preferably in the nature of mandamus commanding and directing upon the respondents to make the payment of compensation to the land belonging to the petitioner total measuring 86 dec. appertaining to Khesara no. 5459,5450 and 5460 situated in Mauza Narahiya P.S. Laukahi Madhubani acquired for the purposed of widening and consolidation of NH 104 which starts from Laukahi West Champaran, District Narahiya Bazar of Laukahi Block of Madhubani District and ends at N.H. 17.

(iii) To direct the respondents to make the payment of compensation to the aforesaid land as per market value in terms of section 3G of National High Ways Act 1956.

(iv) To direct the respondents to make compensation of land @ 1,65,500 per dec. considering the land commercial in nature at present.

Patna High Court CWJC No.15698 of 2017(2) dt.06-05-2025 3/3

(v) To any other relief/s to which the petitioner is entitled in the facts and circumstances of the case.”

Learned counsel for the petitioner submits that he has a good case and in that background, he may be allowed to approach the competent authority/Court as recorded by the learned Additional Collector, Madhubani in its order which is under challenge.

Granting said liberty and observing that in case he approaches in next four weeks, the delay in filing the petition be considered in the light of the fact that the writ petition was pending before this Court for last eight years.

The writ petition stands disposed of.

(Rajiv Roy, J)

Adnan/-

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