IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5379 of 2022 ====================================================== Sri Jaybal, Son of Sri Ram Sarobar Ram Resident of Village-Bhadaur, Post Officer, Bhadaur, Police Station-Bhadaur, District-Patna. ... ... Petitioner/s Versus 1. The National Highways Authority of India through its Chairman, New Delhi. 2. The State of Bihar through the Collector, Patna, District-Patna. 3. The Anchaladhikari Barh, Anchal Office Barh, Post office-Barh, Police Station-Barh, District-Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Nandan Prasad Singh For the Respondent/s : Mr.Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 5 07-07-2025 In the instant petition, the petitioner has prayed for the following relief:- 1. That the instant writ application is being filed on behalf of the petitioner before this hon'ble court for giving precisly directions and prevalent and legitimate orders to the authorities/respondents concerned by issuance of an appropriate writ of mandamus or other writ in his favour for redressal his utmost SUSAINABLE and defensible as well as quite veracious Patna High Court CWJC No.5379 of 2022(5) dt.07-07-2025 2/5 grievances/ claims through his several written requests/ representation (annexure-3 and 8 series) towards making payment/ handing over to him the valuable and accurate differential residual consideration money/ price by making fixation of genuinely uptodate valuation of the residential rate of his acquired residential measuring an area 0.03906 sqr kadi (3.9062 decimal) of land i.e. 1 katha 5 dhurs (annexure) pertaining to plot no. 14 under khata no.629, thana no.60 situated in mauza shahari (shahari) police station barh, district patna, which having been acquired for construction extention and widening four laning of fatuha Harnaut- Barh NH.-30A road under L.A. case No.-131 of 2013-14, wheresoever, a SORDID/quite Discreditable AGRICULTURAL Lands rate, Devoid the genuine and accurate Expenditures, worth of Rs. 8,00,000/- Patna High Court CWJC No.5379 of 2022(5) dt.07-07-2025 3/5 eight Lacs) towards completing the Construction of his dwelling House over the 0.03906 Kari (1 ¼ Katha) upto plinth including the installation of a (Water tank) Source of Water by boring therein, which is unauthorisedly demolished by the Authority concerned and such the meagrely fixed amount of Total Compensatory sum of Rs. 4,29,000/- (four lacs twnety Nine thousand only) while the petitioner has purchased the measuring 1 ¼ katha land on payment of Rs. 9,00,000/- on the basis of Agricultural land rate, having been released and hander over to the petitioner, since accepted the same with his earnest objection, As such which has bonafidely been required to be correctly and accurately as well as exactly valuated by fixing uptodate CURRENT MARKET RATE OF THE RESIDENTIAL LAND in question. Patna High Court CWJC No.5379 of 2022(5) dt.07-07-2025 4/5 2. Learned counsel for the petitioner submits that the land in question measuring an area 0.03906 sqr kadi (3.9062 Decimal) i.e. 1 katha 5 dhurs appertaining to plot no. 14 under Khata no. 629, Thana no. 60 situated in Mauza shahari (Shahari) Police Station Barh, district Patna as mentioned in para 1 has been acquired by the concerned authority and the petitioner has submitted that he has obtained compensation amount with regard to the extent of land as a agricultural land and he has grievance that the land in question is a residential plot as several other nearby plots have been treated as residential plot. Petitioner has also represented his grievance before various authorities but his grievance with regard to getting the compensation amount as per residential land has not been decided. He further submits that present matter is squarely covered by the case of Rekha Singh Vs. The national Highways Authority of India through its Chairman & Ors. passed by the co-ordinate Bench in CWJC No. 6617 of 2023. In this way, petitioner deserves to get compensation on the residential basis. 3. Learned counsel on behalf of the state has submitted that if petitioner represents his grievance before appropriate authority, the petitioner’s grievance will be look into Patna High Court CWJC No.5379 of 2022(5) dt.07-07-2025 5/5 and it has been further submitted that petitioner has to file application under 3 G (5) of National Highway Act, 1956. 4. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the present petition is disposed of with direction to the petitioner to represent his grievance before the Divisional Commissioner- cum-Arbitrator under Section 3G(5) of National Highways Act, 1956 for enhancement of payment and the Divisional Commissioner-cum-Arbitrator, Patna is directed to consider the claim of the petitioner on the basis of the documents provided by him as well as the price and market value of the area . 5. It is further directed to dispose of the application within nine months from the date of filing of such application. vashudha/- (Alok Kumar Pandey, J) U