Disposed

Rampravesh Singh v. The Principal Secretary

Patna HC18 Mar 2025CWJC/3585/2025

Case brief

AI extract

What is this about?

Writ petition seeking amendment of a land acquisition notice under Section 3G of the National Highways Act so compensation would treat the petitioner's land as commercial rather than agricultural. Court noted the arbitrator remedy under Section 3-G(5), and disposed of the petition with liberty to approach the Divisional Commissioner as arbitrator.

What the court decided

AI extract

Rampravesh Singh Vs The Principal Secretary — Land Acquisition | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3585 of 2025

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

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Rampravesh Singh S/o Sri Ram Balam Rai @ Raj Balam Rai, Resident of Village- Nawadih, P.S.- Akhorhi Gola, Block- Akhori Gola, District- Rohtas.

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... ... Petitioner/s

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Versus

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The Principal Secretary, Ministry of Road Transport and Highways, Government of India, New Delhi.

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The Chairman, National High Authority of India, G-5 and 6, Sector- 10, Dwarika, New Delhi-110075 Fax- 91-11-25074100-200, 91-11-25093507-4, Email- Fis(at) nhai(dot)org.

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The Project Director, National Highway Authority of India (NHAI), PIU, Sasaram, Rohtas.

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The District Magistrate, Sasaram, Rohtas, Bihar.

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The Land Acquisition Officer, Sasaram, Rohtas.

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The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate Mr. Rana Baljit Singh, Advocate For the State : Mr. Madanjeet Kumar, GP-20 For the U.O.I. : Mrs. (Dr.) Iti Suman, Advocate Mr. Amogh Sagar, Advocate For the NHAI : Mr. (Dr.) Maurya Vijay Chandra, Advocate Mr. Gaurav Govinda, Advocate Ms. Preety Ranjan, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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2 18-03-2025 Heard learned counsels for the parties.

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The petitioner has filed this writ petition with

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prayer for issuance of the appropriate writ/ writs/ direction/ directions/ order/ orders commanding the respondents to amend the Notice issued to petitioner in Rohtas Land Acquisition Case No.- 12 / 2023-24 dated 25.10.2024 under the Provision of Section 3G of NH Act, 1956 (Panchat No. - 13) concerning to

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Patna High Court CWJC No.3585 of 2025(2) dt.18-03-2025 2/3

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construction of NH-119A (Green field Project – Rohtas – Bhojpur- Patna) in Rohtas and to make payment of acquired land of the petitioner considering his land as of commercial nature which is situated in Mauja- Nawadih, Thana No. - 109, Anchal- Akorhi Gola, Sub- Division.......Dehri, District- Rohtas (acquired area 3 decimal in khata no.- 58, Kheshra No. 144).”

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Learned counsel for the petitioner submits that the land of the petitioner has been acquired and the compensation has been determined as an agricultural land instead of treating the same as commercial.

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Learned counsel for the NHAI submits that as per Section 3-G(5) of the National Highways Act, 1956, if the amount determined by the competent authority under subsection (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties be determined by the arbitrator to be appointed by the Central Government. Accordingly, petitioner may approach for redressal of his grievance before the arbitrator, i.e. concerned Divisional Commissioner.

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At this stage, learned counsel for the petitioner submits that this case may be disposed of with liberty to the petitioner to approach before the competent authority, i.e.

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Patna High Court CWJC No.3585 of 2025(2) dt.18-03-2025 3/3

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concerned Divisional Commissioner for redressal of his grievance.

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Accordingly, the present writ petition stands

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disposed of with liberty to the petitioner as prayed for.

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(Sunil Dutta Mishra, J)

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rakhi/-

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Rampravesh Singh v. The Principal Secretary

Case brief

What is this about?

What the court decided

Rampravesh Singh v. The Principal Secretary

Case brief

What is this about?

What the court decided

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