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RAJIV ROY
Bishundeo Prasad Yadav – Appellant
Versus
State of Bihar – Respondent
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 an
The court affirmed that possession of land for public use requires legal authority and compensation, emphasizing that delay cannot bar just claims for compensation.
The State must follow legal procedures for land acquisition and cannot evade compensation obligations based on delay or laches.
The National Highway Act, 1956 provides for the acquisition of private properties for the construction of national highways, including the process of award declaration and compensation determination.....
The court clarified that ownership disputes regarding land acquisition must be resolved by the competent revenue authority, not through a writ petition under Article 226.
Point of Law - Section 3-H (4) of the National Highways Act, 1956, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereo....
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