Rajiv Roy, J. – Heard Mr. Manoj Kumar, learned counsel for the petitioners, Mr. Mukul Prasad, representing the State and Dr. Anand Kumar for the National Highways Authority of India (henceforth for short ‘ the N.H.A.I.’). –

1. The petitioners crave indulgence through an appropriate writ or writs commanding and directing respondent authorities for Relief/ Reliefs as prayed:-

a. For that through an appropriate writ or writs commanding and directing to the respondent to restore the possession of the petitioner of the some portion of land bearing Khata No.-67, 49, Khesra No.-477, 474, Thana No.-165 Area near about 15 decimal which is illegally been acquired/encroach by the respondents without following the due process of law, during the construction of road by the respondents of NH-82, at Nakatpura, under which petitioner become aggrieved.

b. For that further direction may be given to provide the reasonable compensation and litigation costs, to the petitioners who is fully entitled in accordance of law as against the act of respondents who has not taken any step with regard to properties of petitioners acquired/ encroached by the respondents by way of illegality in malafide, arbitrary and whimsical manner, under which suffers for their no fault.

c. For that further direction may be given to take proper steps against the respondents, So concerned proper fair illegally been inquiry, by who has acquired/encroached the property of the petitioner under which they suffers from mental agoni and irreparable loss of prestige property.

d. For that any other relief/reliefs may be given to the petitioners which your lordships may deem fit and proper in the interest justice to the petitioners.

2. Learned counsel for the petitioners submit that they are having land under Thana No. 165, Khata No. 67, Khesara No. 477 as also Khata No. 49, Khesara No. 474 which was taken by ‘the N.H.A.I.’ in the year 2013 for the widening of the National Highway 82 but without resorting to the acquisition process and/or making any payment after putting them on notice.

3. After running from pillar to post and left with no alternative, the present writ petition was filed seven years later in the year 2020. The first positive order came to be passed by a coordinate Bench on 21.06.2022 which read as follows: –

Heard the parties.

Mr. Raj Kishore Roy, learned G.P.-18 files hard copy of the counter affidavit and Mr. Anand Kumar, learned counsel appearing on behalf of the NHAI also files copy of the counter affidavit.

It has been submitted by Mr. Raj Kishore Roy that the State has written to NHAI for payment of compensation to the ce 19 petitioner. However, learned counsel for the NHAI submits that he has no instruction on the issue.

Learned counsel for the NHAI is directed to take instruction from the NHAI and come back to this Court on 27.06.2022 with specific pleadings whether NHAI is ready to pay the compensation or not.

Put up this case on 27.06.2022.

4. The matter was again taken up a week later on 27.06.2022 and taking into account the assertive stand of the petitioners that their land has been taken for construction of road while ‘the N.H.A.I.’ is denying the same, the coordinate Bench directed both ‘the N.H.A.I.’ and the District Magistrate, Nalanda to visit the spot and verify whether any construction has been made on his land or not and in case, it has been constructed, for the payment of compensation.

5. Affidavits thereafter came to be filed by the respondents and on 23.08.2022, the coordinate Bench recorded the following order: –

Heard the parties.

The respondents will file their Supplementary Counter Affidavit with regard to the Supplementary Affidavit filed today. It has been contended by the learned counsel for the petitioner that initially, by letter dated 29.07.2022, the authorities had offered Rs. 684697/- to the petitioner. Thereafter, vide order dated 01.03.2022, they had offered Rs. 1092710/-.

The respondents have lot of explanation to make in light of the Supple