Radhey Shyam Prasad Vs The Union Of India and Ors. — Land Acquisition | Patna HC (2025)

Radhey Shyam Prasad Vs The Union Of India and Ors. — Land Acquisition | Patna HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of; petitioner directed to file an application (within 30 days, delay condoned) before the arbitrator under Section 3G(5) of the National Highway Act, 1956, raising enhancement of compensation per Sections 26 and 27 of the RFCTLARR Act, 2013; arbitrator to pass final order within three months of completion of appearances.

Issue for consideration

Whether the respondents should be directed to pay the petitioner enhanced compensation for land acquired for widening of NH-85, determined according to Sections 26 and 27 of the RFCTLARR Act, 2013. +1 more

Court's answer

The petitioner shall raise the issue of enhancement of compensation in accordance with Sections 26 and 27 of the RFCTLARR Act [Act No. 30 of 2013] before the same authority, as the applicable Act is stated to be applicable for the determination of compensation.

Ratio / Principle

The writ petition is disposed of with a direction to the petitioner to avail his remedy under Section 3G(5) of the National Highway Act, 1956 before the arbitrator.

Key takeaways

The petitioner is directed to file the application within 30 days, and any delay in filing it shall be condoned.ratio¶22
The arbitrator shall pass the final order within three months from the date of completion of appearance by all concerned.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), CWJC No.3741 of 2019, decided 20-02-2025. A writ petition seeking enhanced compensation under Sections 26 and 27 of the RFCTLARR Act, 2013 for land acquired for widening of NH-85 was disposed of on the NHAI's preliminary objection that the petitioner's remedy lies under Section 3G(5) of the National Highway Act, 1956 before the arbitrator. The petitioner was directed to file an application within 30 days (any delay condoned), to raise the enhancement issue per Sections 26 and 27 of the RFCTLARR Act before the same authority, and the arbitrator was directed to pass the final order within three months of completion of appearances by all concerned.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3741 of 2019

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Radhey Shyam Prasad S/o Late Rama Nand Prasad Vill.- Karpura, Tole- Ram Nagar, Po.- Amlori, Ps.- Siwan Muffasil, Distt.- Siwan

... ... Petitioner/s

Versus

The Union Of India and Ors through the Director, National Highways Authority, Govt. of India, Project Unity, NH-85

The State of Bihar through the Director, Land Acquisition, Finance and Land Reform, Govt. of Bihar, Bihar, Patna

The District Collector Siwan

The District Land Acquisition Officer Siwan

Th Sub-Divisional Officer Siwan Sadar, Distt.- Siwan

The Circle Officer Block Sadar Siwan

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Maheshwar Prasad, Adv. For the State : Mr. Saurabh Kumar, Adv. AC to SC 19 For the NHAI : Dr. Maurya Vijay Chandra, Adv. Mr. Gaurav Govinda, Adv. Mrs. Preety Ranjan, Adv.

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3 20-02-2025

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER Learned Counsel for the petitioner, Learned Counsel

for the State and Learned Counsel for the National Highway Authority of India are present.

The present writ petition has been filed for directing the respondent to pay enhanced compensation amount according to Sections 26 and 27 of the RFCTLARR (Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013) [Act No. 30 of 2013] {hereinafter referred to as RFCTLARR Act}.

Learned Counsel for the petitioner submits that the petitioner’s land has been acquired for the purpose of widening of NH-85.

Patna High Court CWJC No.3741 of 2019(3) dt.20-02-2025 2/2

Learned Counsel for the NHAI raised preliminary objection and submits that the remedy of the petitioner lies under Section 3G(5) of the National Highway Act, 1956 [Act No. 48 of 1956] before the arbitrator. Counsel further submits that the petitioner may be directed to avail his remedy before the said authority.

In the present facts and circumstances, the present writ petition stands disposed off with a direction to the petitioner to avail his remedy under Section 3G(5) of the National Highway Act, 1956 [Act No. 48 of 1956]. The petitioner shall raise the issue of enhancement of compensation in accordance with Sections 26 and 27 of the RFCTLARR Act [Act No. 30 of 2013] before the same authority, as Act No. 13 of 2013 is applicable for the determination of compensation. The petitioner is directed to file an application within 30 days from today. Any delay in filing the said application shall be condoned. The arbitrator shall pass the final order within three months from the date of completion of appearance by all concerned.

(Dr. Anshuman, J.)

Aman Kumar/- U