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Patna High Court

Prem Kumar SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court held that the petitioners may pursue relief under Section 3G(5) of the National Highway Act, 1956 and therefore dismissed the writ petition.

Summary

Four petitioners filed a writ petition against the State of Bihar and various officials, including the National Highways Authority of India, seeking a direction to redetermine compensation under Section 7 of the National Highway Act, 1956 and to quash an award made under Section 3(G) on the ground that the award violated sub‑sections 3 and 4 of that provision. The petitioners argued that the compensation award was unlawful and asked the court to intervene. The court examined the claim and noted that the petitioners could pursue the matter under the remedial provision of Section 3G(5) of the Act. Accordingly, the court granted them liberty to agitate the issue under that provision and dismissed the writ petition. The petition was therefore disposed of without ordering any compensation redetermination.

Issues considered

  • Whether the compensation award under Section 3(G) of the National Highway Act, 1956 violates sub‑sections 3 and 4 of that provision.
  • Whether the court can direct a redetermination of compensation under Section 7 of the Act by quashing the award.

Legislation cited

Subjects

  • National Highway Act
  • Compensation
  • Section 3(G)
  • Section 7
  • Section 3G(5)
  • NHAI
  • Land acquisition
  • Writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.21800 of 2014
                 ======================================================
           1.     Prem Kumar Singh Son of Late Sohrai Singh
           2.    Premani Devi Wife of Rabindra Singh
           3.    Sardar Singh Son of Late Rameshwar Singh
           4.    Shiv Prasad Singh Son of Sri Hargovind Singh All resident of village-
                 Tengra, P.S.- Barun, District-Aurangabad.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The District Magistrate, Aurangabad.
           3.    The Additional Collector cum-Arbitrator, Aurangabad
           4.    The Deputy Collector Land Reform, cum the competent authority,
                 Aurangabad.
           5.    The Chief General Manager National High Way II, Aurangabad
           6.    The Project Director, PIU, N.H.A.I., Varanasi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Anirudh Kumar Verma, Advocate
                 For the Respondent/s   :      Mr. SC-12, P.K.Singh
                                               Mr. Shri Nath Pathak, Advocate
                                               Mr. Sunil Kumar-II, Advocate
                 For the NHAI           :      Mr. Saket Tiwary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   20-01-2026                  Heard Mr. Anirudh Kumar Verma, learned counsel for

                   the petitioners and the State.

                                2. The present petition has been preferred for the

                   following relief(s):

                                             “for    direction    to    the     concerned

                                  authorities particularly the respondent no. 4 to

                                  redetermine the compensation as per Section 7 of

                                  the National Highway Act, 1956 by quashing the
          Patna High Court CWJC No.21800 of 2014(6) dt.20-01-2026
                                                     2/2




                                    award under Sec. 3(G) of the Act as there is

                                    violation of sub sec. 3 and 4 of sec. 3(G) of the

                                    N.H. Act, 1956.”

                                3. Mr. Verma, after some arguments, submits that the

                    petitioners shall be taking steps for agitating the matter under

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

                                4. Granting said liberty, the writ petition stands

                    disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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