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2013 Supreme(Pat) 918

R.M.DOSHIT, ASHWANI KUMAR SINGH
Project Director, National Highway Authority, Araria at Purnea, Bihar – Appellant
Versus
Md. Gufran Alam – Respondent


Advocates Appeared:
For the Appellants: Mr. Sunil Kumar-II, Mr. Ranjan Kumar Singh.
For the Respondent No.1: Mr. Amar Nath Singh.

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

16-8-2013 Feeling aggrieved by the order dated 20th May 2011 made by the learned single Judge in C.W.J.C. No. 7179 of 2011, the respondent National Highway Authority has preferred this Appeal under Clause 10 of the Letters Patent.

2. It appears that the dispute arises from the action of the respondent Project Director, National Highway Authority, Araria (hereinafter referred to as “the Authority”) in acquiring the lands of the respondent-writ petitioner situated at Village-Belwa Tapu Tola, P.S., Town and District-Araria for construction of National Highway. The Competent Authority, under the National Highways Act, 1956 (hereinafter referred to as “the Act of 1956”), declared the award for compensation for the lands acquired. Feeling aggrieved by the inadequacy of the amount of compensation, the writ petitioner demanded arbitration. Pursuant to the reference to the Arbitrator, the arbitral award has been declared on 18th January 2011. As the Authority failed to make the payment of amount of compensation, the writ petitioner approached this Court under Article 226 of the Constitution in above C.W.J.C. No. 7179 of 2011 for enforcement of the












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