IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12194 of 2015 ====================================================== Usha Devi wife of Om Prakash, Resident of Village- Bhatbigha, P.O. Tungi, P.S. Deepnagar, District- Nalanda ... ... Petitioner/s Versus 1. The State of Bihar through the Collector, Nalanda. 2. The District Land Acquisition Officer, Biharshariff, Nalanda 3. The Sub Divisional Officer, Biharshariff, Nalanda 4. The Circle Officer, Biharshariff, Nalanda 5. The Secretary, Road Transport and National Highway Ministry, Govt. of Indian, New Delhi 6. The Project Director, National Highway Authority of India, Patna Regional. 7. The Arbitrator-cum-Divisional Commissioner, Patna Division, Patna ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Naraya Sinha, Advocate For the NHAI : Mr. Kumar Goutam, Advocate For the Respondent/s : Mr. Ajay Bihari Sinha, G.A.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 14-07-2025 Learned counsel for the petitioner prays for and is allowed to implead Arbitrator-cum-Divisional Commissioner, Patna Division, Patna as respondent no. 7 in course of the day. 2. Heard the parties. 3. The present application has been preferred for the following relief(s):- “(i) To direct the concerned Respondents to release or denotify the petitioner Plot no. 280, 281 and 336 from Acquisition by Road Transport and National Highway Ministry for construction of Patna High Court CWJC No.12194 of 2015(5) dt.14-07-2025 2/5 National Highway no. 82 by making it wider for two lane road published. in the Gazette of India dated 15th December 2014. (ii). To direct the concerned Respondents to correct in the Gazette Notification plot no. 280 and 281 which is commercial instead of that in the Gazette Notification the same has been mentioned as Residential. (iii) To direct the concerned Respondents that if the lands will be acquired then the petitioner may be compensated by giving a service in the Govt. Department as the petitioner will be landless and he will be on road if the shop will be acquired. (iv) To direct the concemed Respondents that if the aforesaid lands of the petitioner will be acquired then after right measurement of the shop and residential house standing in Plot no. 280, 281 and 336, Thana no. 101, situated in Village Kalyanpur, District-Nalanda.Proper compensation may be given to the petitioner. (v) To grant any other relief/reliefs which the petitioner may be found entitled in the facts and circumstances of the case.” 4. Learned State counsel has taken this Court to the counter-affidavit on behalf of respondent nos. 1 and 2 with Patna High Court CWJC No.12194 of 2015(5) dt.14-07-2025 3/5 specific reference to paragraph nos. 5 to 7 which reads as follows: 5. That it is humbly stated and submitted that acquisition process relating to plot no. 280 and 281 has been started under Land Acquisition Case No. 71/2014- 15 by publishing Gazette Notification u/s 3A on 26-12-2013 and publishing Gazette Notification u/s 3D on 15-12-2014. However no claim or objection by the petitioner was made within time. Thereafter the rate of the lands in question was fixed as per law and the nature of the land, which was reported as parti and residential. So far the petitioner's acquirable area of plot no. 280 is concerned, it was only to the extent of 0.009884 acre for parti land worth Rs. 1,23,648/- and for boundary worth Rs. 55,800/-, whereas acquirable area of plot no. 281 is concerned, it was only to the extent of 0.0206747 acre for parti land worth Rs. 2,58,640/-, area of 0.0106253 acre for residential land worth Rs. 3,32,306/- and for house worth Rs. 6,55,200/-. Thereafter panchat was declared in respect of the aforesaid lands of the petitioner on 18-01-2016 and possession of land was handed over to the representative of the requisitioning Patna High Court CWJC No.12194 of 2015(5) dt.14-07-2025 4/5 department. 6. That it is pertinent to mention here that the petitioner was noticed to receive the amount of compensation for acquired area of plot no. 280 on 05-12-2017 and even then when she could not appear to receive the amount of compensation last notice was issued against her vide memo no. 1487 dt. 27-09-2018 issued by the respondent no. 02. 7. That it is further stated and submitted that the petitioner for the 1st time made objection through speed post letter on 18- 12-2018 alleging therein that compensation amount is not sufficient. However being satisfied with the earlier report of the kanoongo regarding nature of the land and the rate fixed for compensation, the amount of award was found proper and justified and accordingly the petitioner was noticed dt. 29-03-2019 to receive the amount of award relating to plot no. 280 and 281 separately with direction to receive the amount within 15 days otherwise matter will be referred to the court and further again similar direction was given to the petitioner through notice dt. 30-08-2019. It is relevant to mention here that even after repeated notice when the petitioner could not received the amount of compensation Patna High Court CWJC No.12194 of 2015(5) dt.14-07-2025 5/5 then the matter was sent to the Sub-Judge 1st-cum-Special Judge, Land Acquisition, Biharsharif vide letter no. 1478 dt. 11-10- 2019.” 5. The copy was served upon the learned counsel for the petitioner on 16.03.2023 and there is no rebuttal. 6. In that background, the learned counsel for the petitioner submits that they shall be approaching the Arbitrator- cum-Divisional Commissioner, Patna Division, Patna (respondent no. 7) for redressal of the grievance in next four weeks. 7. If the petitioner approaches the said respondent no. 7 in next four weeks, he shall hear the parties and thereafter, decide the matter in next six months. 8. The writ petition as also the Interlocutory Application stands disposed of. Sudhanshu/- (Rajiv Roy, J) U