SHAILENDRA SINGH
Chando Yadav – Appellant
Versus
State of Bihar – Respondent
Shailendra Singh, J.—Heard Mrs. Nivedita Nirvikar, learned Senior Counsel, assisted by Mrs. Shashi Priya, appearing for the petitioner, Mr. Sajid Salim Khan, learned SC-25, appearing for the State-respondents, and Mr. Manish Dhari Singh, learned counsel, appearing for Respondent No. 6.
2. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs:—
“(i) For issuance of a writ in the nature of writ of certiorari for quashing of the notification contained in the Gazette of India dated 31st January, 2019 issued from the Road Transport and Highway Ministry, Government of India, New Delhi, published in the Hindu daily "Hindustan" on 26th April, 2019, whereby the land of petitioner mentioned at Serial No. 103 in the village-Salempur having an area of 0.5348 Hectare Plot No. 102 has been declared as Gairmajarua (Govt. Land) while in earlier notification published by the Govt. of Bihar in the newspaper dated 10.06.2018 the aforesaid land was declared as private land required to be acquired for construction of National Highway No. 82 (Gaya Hisua Rajgir Bihar Sharif, Section).
(ii) For issuance of a writ of mandamus d
The court established that undisputed title is mandatory for compensation in land acquisition, affirming the need for appropriate judicial avenues for title disputes.
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.
The main legal point established in the judgment is the importance of complying with the specified time frame for filing objections under the National Highways Act and the court's emphasis on the pub....
The deliberate failure to claim compensation for the land, despite being aware of the ownership and the opportunity to object to the acquisition, led to the dismissal of the Writ Petition.
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