IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16737 of 2009 1. SHAMBHU MEHTHA S/O LATE MANGAL MEHTA R/O VILL +P.S.BANJARIA,DISTT- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE SPECIAL LAND ACQUISITION OFFICER, GANDAK PROJECT, MUZAFFARPUR ,DISTT- MUZAFFARPUR 3. THE DISTRICT LAND ACQUISITION OFFICER, GANDAK PROJECT, MOTIHARI,DISTT- EAST CHAMPARAN 4. THE SPECIAL LAND ACQUISITION OFFICER, GANDAK PROJECT, MOTIHARI, EAST CHAMPARAN 5. THE DISTRICT - MAGISTRATE, EAST CHAMPARAN, MOTIHARI 6. THE ADDITIONAL COLLECTOR, ,LAND ACQUISITION, EAST CHAMPARAN, MOTIHARI ----------- For the petitioner : Mr. Sriprakash Srivastava, Advocate. For the State : Mr. Rabindra Kumar Priyadarshi, Advocate. For the Union of India :- Mr. Binay Kumar Pandey (CGC) For the Railways: Mr. Mahesh Prasad, Advocate. For N.H.A.I :- (1). Mr. N.K.Agrawal, Senior Advocate. (2). Mr. Sunil Kumar No.2, Advocate. (3). Dr. Bidhu Ranjan , Advocate. (4). Mr. Ranjan Kumar Singh, Advocate. ==== 6. 21.12.2009. Heard learned counsel for the petitioner and the respondents. 2. In compliance of my order, the counsel for the Railways and National Highway Authority of India have taken instruction from Senior Divisional Engineer-II, Samastipur and Project Director, Muzaffarpur. Counsel for the Railways states that the Railway Over bridge at Singhia Railway Crossing No. 163A was constructed by the railways in the year 1990 within the time indicated in the contract, in the circumstances, if the project to connect the Railway Over bridge with the approach road has not been raised/laid by the State within the time and the cost has escalated then the railway shall not bear the cost as it had executed its part of the contract within time, in the circumstances, the escalation must be borne by the State. 3. I see substance in the submission of the counsel for the - 2 - railways as the railway over bridge was completed by the railway authorities within time, they are not required to bear the extra burden on account of escalation in laying/raising the approach road to the said railway over bridge. 4. Counsel for the National Highway Authority of India states that as now the project is transferred to the National Highway Authority of India it shall complete the laying/raising of the approach road to the aforesaid railway over bridge as early as possible, in any case within three years from today. 5. Considering the strategic importance of N.H. 28A and the Railway over bridge which connect Raxaul the exit/entry point of goods to/from Nepal into India and that the railway over bridge was constructed way back in the year 1990 it is deemed expedient that the approach road to the railway over bridge is laid/raised at the earliest. Accordingly, the National Highway Authority of India is directed to complete the laying/raising of the approach road to the railway over bridge at Singhia Railway Crossing No. 163A at the earliest, in any case within a period of 1 ½ years from today. For any reason, if the National Highway Authority of India is unable to complete the laying/raising of the approach road to the railway over bridge within the aforesaid time, it should seek extension of time well in advance. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)