Patna High Court
Prabha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the remedy lies with the arbitrator under Section 3G(5) of the National Highways Act, 1956 and disposed the writ petition accordingly.
Summary
The petitioners, led by Arun Kumar Singh, challenged the Circle Officer's order that classified land acquired for the Ram Janki Road Scheme (NH 227A) as agricultural, despite its residential character. They sought to set aside that order and alternatively asked that the dispute be referred to the arbitrator appointed under Section 3G(5) of the National Highways Act, 1956. An interlocutory application was filed to substitute the heirs of the deceased petitioner Shankar Thakur, which the court allowed, substituting the heirs as recorded. The State had no objection to the substitution of heirs. After hearing, the court accepted that the appropriate remedy lies with the arbitrator under the National Highways Act and disposed of the writ petition, directing the petitioners to approach the arbitrator within four weeks. The arbitrator is expected to pass an appropriate order by the end of the year.
Issues considered
- Whether the Circle Officer's order classifying the acquired land as agricultural can be set aside.
- Whether the petitioners should be directed to the arbitrator under Section 3G(5) of the National Highways Act, 1956 for determination of compensation.
- Whether the heirs of the deceased petitioner can be substituted in the proceedings.
Legislation cited
- National Highways Act, 1956 — s. 3G(1), 3G(2), 3G(5)
Subjects
- land acquisition
- residential land classification
- National Highways Act
- arbitrator
- compensation
- substitution of heirs
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10967 of 2023
======================================================
Arun Kumar Singh
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivam, Advocate
For the Respondent/s : Mr.Birendra Prasad Singh (SC- 19 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 21-04-2026 I.A. No. 01of 2024:
2. Learned Senior Counsel for the petitioner at the
outset prays for withdrawal of the I.A. No. 01 of 2024 which
is dismissed as withdrawn.
I.A. No. 02 of 2022:
3. The aforesaid Interlocutory Application has been
preferred for substituting heirs and legal representative of the
deceased petitioner no.2, Shankar Thakur who died on
5.05.2024 leaving behind heirs as recorded in paragraph-2 of
the petition.
4. The contention is that the wife of the petitioner
no.2 is pre-deceased and as such heirs be substituted.
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5. Learned State counsel has no objection to it.
6. In that background, I.A. No. 02 of 2022 is
allowed.
7. Let office to needful and substitute petitioner
no.2, Shankar Thakur with the heirs as recorded in paragraph-
2 of the Interlocutory Application.
C.W.J.C. No. 10967 of 2023:
8. Heard Mr. Pushkar Narain Shahi, learned Senior
Counsel for the petitioner and the State.
9. The present petition has been preferred for the
following relief/s:
(i) for setting aside the order dated
21.11.2022 passed by the Circle Officer,
Maharajganj in Misc. Case No. 01/2022-
23 whereby and whereunder pursuant to
directions issued by this Hon'ble Court
vide oral judgment dated 9.9.2022 passed
in CW.JC. No 12924/2022, the
representation filed by the petitioners for
holding nature of lands acquired for Ram
Janki Road Scheme in respect of N.H.
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227A in village Ushri, Circle-
Maharajganj, District- Siwan was in fact
residential in nature and not agricultural,
has been rejected only on the basis of
khatiyan entry without taking into account
the actual condition of the land;
(ii) the petitioners alternatively pray that
since the amount determined by the
competent authority in terms of Section
3G(1) and (2) is not acceptable to the
petitioners whose lands have been
acquired, the matter be referred to the
Arbitrator to be appointed by the Central
Government in terms of Section 3G(5) of
the National Highways Act, 1956;
(iii) for grant of any other
incidental/consequential or other
appropriate relief/reliefs to which the
petitioners may be found entitled in the
facts and circumstances of the case fully
enumerated hereinbelow..
10. The details of the land is/are as under:
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(i) thana no. 539, 540;
(ii) khata no. 217, 223,140;
(iii) survey no.1718, 1723, 1719,1737,
1748, 281;
(iv) mauza-Jalalpur; circle-
Maharajganj, district-Siwan.
11. It has been acquired for the Ram Janki Road
Scheme relating to National Highway 227A. The land of the
petitioners have also been acquired and they are aggrieved that
it being the residential, the same has been rejected putting it in
the category of agriculture land.
12. After some argument, learned Senior Counsel
for the petitioners accept the State-respondents version which
they have also incorporated in the writ petition that the
remedy lies before the Arbitrator cum Divisional
Commissioner, Saran Division, Saran under section 3(G)(5) of
the National Highways Act, 1956.
13. In the aforesaid background and with the
consent of the parties, the writ petition is disposed of allowing
the petitioner to approach the concerned authority/Arbitrator
cum Divisional Commissioner, Saran Division, Saran in next
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four weeks and the concerned Arbitrator after hearing the
parties and putting all the respondents to notice will be
passing appropriate order preferably by the end of this year.
(Rajiv Roy, J)
Ravi/-
U
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