NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. STATE OF BIHAR
LAWS(PAT)-2021-1-48
HIGH COURT OF PATNA
Decided on January 28,2021

NATIONAL HIGHWAY AUTHORITY OF INDIA Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

AHSANUDDIN AMANULLAH,J. - (1.) The matter has been heard via video conferencing,
(2.) Heard Mr. S D Sanjay, learned senior counsel along with Mr. Anshay Bahadur Mathur and Ms. Parul Prasad, learned counsel for the petitioner (National Highway Authority of India) and Mr. Raj Kishore Roy, learned GP 18 along with Ms. Prerna Anand, learned AC to GP 18 for the State.
(3.) The petitioner has moved the Court for the following reliefs: "i For issuance of appropriate writ and/or direction for quashing the order dt. 31.08.2016 passed by the Respondent Competent Authority-cum-District Land Acquisition Officer, Kaimur, Bhabhua, in case No.14 of 2016-17. ii For a declaration that the nature and classification of land for the purpose of computation of its rate could not have been legally made on presumption and on the letter of the Official of the Government of Bihar but on the basis of the actual use as per the provisions of the statue. iii For a declaration that the letter no. 599 dt. 04.12.2015 issued by CALA by which it has informed about the amendment to be made in the original award on the basis of classification of land on presumption of it to be residential, is wholly illegal is liable to be quashed. iv For issuance of appropriate writ and/or direction upon the Respondents to pass fresh order on the basis of the nature and classification of land as it was existing on the date of notification U/s 3A of the National Highway Act or on the date of original award dated 20.04.2012 for the purpose of determination of rate of compensation and not thereafter, and/or for any other reliefs for which the Petitioner may be found entitled to in the facts and circumstances of the case." ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.