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2012 Supreme(Pat) 1413

KISHORE K.MANDAL
Murari Thakur – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
(In CWJC No.12188 of 2012)
For the Petitioner/s: Mr. Shashi Nath Jha
For the State : Mr. Ram Balak Mahto AG with Mr. Krishna Chandra, A.C. to A.G. (In CWJC No.12247 of 2012)
For the Petitioner/s: Mr. Shashi Nath Jha
For the State : Mr. Ram Balak Mahto AG with Mr. Krishna Chandra, A.C. to A.G.
For the NHAI : Mr.Sunil Kumar with Mr.Ranjan Kumar Singh

ORDER

Heard Mr. Jha for the petitioner(s), Mr. Singh for NHAI and its official as well as A.C. to A.G. for the State.

2. Both the matters raise common issue inasmuch as some of the lands common in both the applications were acquired by the National Highways Authority of India (for short ‘the NHAI’). Therefore, both the matters have been listed and heard together with the consent of the party. The order present shall govern them.

3. Relevant facts shall be drawn from CWJC No. 12188 of 2012 in which counter affidavit on behalf of Respondent NHAI as well as the State has been filed.

4. Petitioner(s) pray for quashing of the order dated 5.11.2011 (Annexure-3) passed by the Respondent-Arbitrator in Case Nos. 44/10-11 and 43/10-11 respectively in terms of the provisions contained in section 3(G) (5) of the National Highways Act,1956 ( for short ‘the Act’). Land(s) of the petitioner(s) appertaining to survey plot nos.2327, 2328 and 2329 situate in Mauza Araria Sangram, P.S. Jhanjharpur in the district of Madhubani were acquired for construction/widening of NH 57. In the year 2006 the same was notified for acquisition. On conclusion of the procedures prescribed therefor, award(s) were prep













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