Under Section 3-G(5) of the National Highways Act, 1956, if the amount of compensation determined by the competent authority is not acceptable to either party, the amount shall be determined by an Arbitrator appointed by the Central Government.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6451 of 2021

======================================================

Sanjiv Kumar Son of Late Binodanand Gupta, Resident of Village and P.O.

and P.S.-Ranipatra, District-Purnea-Pin-854337.

... ... Petitioner/s

Versus

1.

The Union of India through its Secretary National Highways Authority of

India.

2.

The State of Bihar, the Principal Secretary, Land Reforms Department, Govt.

of Bihar, Patna.

3.

The Director Land Acquisition Department, Bihar, Patna.

4.

The District Magistrate Cum Collector, District-Purnea.

5.

National Highwary Authority of India, N.H. 131 A, Purnea, Narayanpur

Block, Purnea.

6.

The Additional Deputy Collector, Purnea, District-Purnea.

7.

The Land Acquisition Officer, Purnea, District-Purnea.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Kumar Ravi Shankar

For the Respondent/s

:

Mr. S.N. Pathak, Adv.

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

02-01-2023

The contention of the petitioner is that his land

bearing Touji No. 8/5, Khata No. 324, Plot No. 2954,

Mouja- Chandi, Thana No. - 105 has been acquired by the

National Highways Authority of India (for short the

“N.H.A.I.”) but adequate compensation has not been

granted to the petitioner inasmuch instead of giving com-

pensation at commercial rate, the petitioner has been given

compensation only treating his land as a residential land.

Learned counsel for the petitioner submits that

Patna High Court CWJC No.6451 of 2021(2) dt.02-01-2023

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compensation of the subject land acquired by the N.H.A.I.

is not adequate and for enhancement of the same the peti-

tioner has filed petition before the District Land Acquisition

Officer, Purnea.

On the other hand, Mr. S.N. Pathak, learned coun-

sel appearing for the N.H.A.I. submits that as per the

Section 3-G(5) of the National Highways Act, 1956 (here-

inafter referred to as the “N.H. Act”) “if the amount deter-

mined by the competent authority under sub-section (1) or

sub-section (2) is not acceptable to either of the parties, the

amount shall, on an application by either of the parties, be

determined by the Arbitrator to be appointed by Central

Government”. He next submits that now the Central Gov-

ernment has notified Divisional Commissioner of the area

as Arbitrator under the N.H. Act.

In view of the aforesaid, petitioner is directed to

file his claim for enhancement of compensation amount as

per Section 3-G(5) of the N.H. Act before the Arbitrator i.e.

Divisional Commissioner, Purnea within a period of four

weeks from today. If such a claim is filed within the afore-

said time, the learned Arbitrator shall decide the same in

Patna High Court CWJC No.6451 of 2021(2) dt.02-01-2023

3/3

accordance with law after giving opportunity of hearing to

all concerned and will pass a reasoned order within a

reasonable time period.

With the aforesaid observation and direction, this

writ application is disposed of.

praful/-

(Anil Kumar Sinha, J)

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