LALTI DEVI WIFE Vs. UNION OF INDIA

JUDGEMENT

(1.) this appeal has been filed under Clause 10 of the Letters Patent.

(2.) The matter pertains to acquisition of land for construction of National Highway No. 83 passing through Belaganj and construction of a by-pass to avoid congestion of the road which passes through a densely populated market area of Bajitpur. The Writ Petition has been dismissed by the learned Writ Court by taking note of the Notification issued under Sec. 3(A) of the National Highways Act, 1956.

(3.) Even though in this appeal, challenge is made to the acquisition proceedings and the procedure followed thereto so also with regard to the payment of compensation. As far as the acquisition proceedings are concerned, on going through the materials available on record, we find that on earlier occasions also the same land acquisition proceedings were challenged in Public Interest Litigation, i.e. the issue pertaining to construction of a new by-pass for National Highway No. 83 (Patna-Gaya-Dobhi Road) passing through Belaganj Bazaar and particularly a market situated in Block Belaganj. The Writ Petition and the Letters Patent Appeal were dismissed and the orders are available on record in the Counter Affidavit filed by the respondents as Annexure 'A'. The orders passed by learned Single Bench of this Court on 19/6/2003 and 24/9/2013 in various Writ Petitions, being CWJC Nos. 3398, 3499 and 4357 of 2013, all these petitions were dismissed and thereafter the matter came before a Co- ordinate Division Bench of this Court in LPA No. 1414/2013 and by a detailed order passed on 13/1/2015, identical objections with regard to construction of the National Highway in question has been rejected.