SHANTI KUNWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing for the NHAI.

(2.) The case of the petitioner in brief is that the land of the petitioner appertaining to Khata No.192, Plot no.22 measuring an area of 1.2532 hectares situated in the village Madanpur, P.S. Madanpur, District Aurangabad adjacent to the National Highway was subject matter of the land acquisition case being L. A. Case No.182 of 2016-17. Being aggrieved by the assessment of compensation by the Land Acquisition Officer the petitioner filed L.A. Case no.183 of 2016-17 for enhancement of compensation, however, the same was rejected by the respondent authorities. It is the case of the petitioner that other similarly situated persons have got higher compensation. Not having got any relief from the authorities, this writ application was filed for the prayer mentioned hereinabove.

(3.) A counter affidavit has been filed on behalf of the respondent No.2 stating therein that the notices under Sec. 3G of the National Highways Act, 1956 ('the Act' in short) was issued to the petitioner informing her to appear before the competent authority. The petitioner appeared and raised objection and thereafter the award of her acquired land was prepared under the Act. Being aggrieved by the said award, the petitioner preferred a case before the Arbitrator-cum-Additional Collector, vide L.A. Case no.183 of 2016-17 and the said Arbitrator did not find any merit in the case of the petitioner.