IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11749 of 2017 ====================================================== 1. Md. Jamaluddin son of Late Hazi Mohammad, 2. Abdul Rauf, son of Md. Jamaluddin, Both are resident of Village- Bishunpura, P.O.- Bampali, P.S.- Udwantnagar, District- Bhojpur. ... ... Petitioner/s Versus 1. The Union Of India 2. The Project Director, National Highways Authority of India, Ministry of Road Transport and Highways 3. The Regional Director, Regional Office, National Highways Authority of India at Patna. 4. The Director Land Acquisition Directorate Bihar Patna. 5. The District Magistrate, Bhojpur Ara. 6. The District Land Acquisition Officer, Bhojpur Ara. 7. The In-charge Officer Jan Shikayat Koshang, Bhojpur at Ara. 8. The Arbitrator-cum-Additional Collector, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Maya Shankar Mishra, Advocate For the Respondent/s : Mr. Sajid Salim Khan – SC-25 For the NHAI : Dr. Maurya Vijay, Advocate Mr. Gaurav Govind, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 28-04-2025 Heard Mr. Maya Shankar Mishra, learned counsel for the petitioners and the State. 2. The present writ petition has been preferred for the following relief(s): “for issuance of a writ in the nature of mandamus directing and commanding the respondents to make payment of proper compensation of the lands of the petitioners Patna High Court CWJC No.11749 of 2017(2) dt.28-04-2025 2/3 bearing khata No. 471, khesara No. 51 measuring area 0.014832 Acres and khesara No. 52 measuring area 0.051912 acres in thana No. 338 under mauza Bampali in Block Udwantnagar District- Bhojpur to the petitioners in view of the provisions of the Right to Fair Compensation and Transparency in land Acquisition Rehabilitation and Resettlement Act-2013 as award of compensation of the said lands under section 3G of NH Act-1956 was fixed without giving any opportunity for hearing to the petitioners and the said lands are purchased land of petitioners vide sale deed No. 7103 dated 23.07.2007, Sale Deed No. 8891 dated 03.10.2007 and Sale Deed No. 10409 dated 20.10.2010 and no any notice with regard to the acquisition of lands of petitioner was sent to the petitioners by the respondents and the said land of petitioners was classified as commercial land/residential land by the State Government in the year-2009 and 2013 and also in 2016 but compensation of the land of petitioners was fixed by showing the land as "Bhith" and Patna High Court CWJC No.11749 of 2017(2) dt.28-04-2025 3/3 further directing the respondents to give the award of solatium to the petitioners in accordance with law as they are giving their land for construction of NH-84 four lane from their own sweet will and further for direction upon the respondents to fix compensation under RFCTLARR Act-2013.” 3. It is submitted by learned counsel for the petitioners after some arguments that they shall be approaching the competent Civil Court but the writ petition was filed in the year 2017 and the delay has occurred. 4. If a fresh petition is filed in four weeks from today, the competent Court shall take into account that the writ petition was pending since the year 2017 while dealing with the condonation/limitation petition. 5. With the said observation, the writ petition stands disposed of. Adnan/- (Rajiv Roy, J) U