IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13871 of 2006 BALIRAM SINGH @ BALIRAM RAI, SON OF RAM SEWAK SINGH @ RAM SEWAK RAI, RESIDENT OF VILLAGE KARMAINI MOHABAT, P.S. KUCHAIKOT, DISTRICT GOPALGANJ. --- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, GOPALGANJ 3. THE COMPETENT OFFICER, N.H. 28-CUM-EXECUTIVE MAGISTRATE-CUM-DISTRICT LAND ACQUISITION OFFICER, GOPALGANJ 4. THE CIRCLE OFFICER, KUCHAIKOT, DISTRICT GOPALGANJ. 5. THE UNION OF INDIA THROUGH N.H. AUTHORITY. --- RESPONDENTS ----------- 6 7.7.2010 The land of the petitioner has been acquired for the purposes of constructing a road by the National Highway Authorities of India. The petitioner has filed an objection with respect to value of the land on 8.5.2005 stating therein that the lands is situated in the commercial area and the land has been grossly under valued while deciding the amount of award to be paid to the petitioner. The petitioner has received the award amount with objection on 18.8.2006. Section 3C of the National Highways Act, 1956 envisages that “Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section (1) of section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section.” Section 3G envisages that the competent authority will determine the amounts i.e. to payable to the interested person and further sub-section 5 of section 3G provides that “If the amount determined by the competent authority under sub- section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.” 2 I, therefore, direct that the petitioner may file a fresh objection annexing the earlier objection filed with respect to the amount of compensation determined by the competent authority so that the competent authority may refer the matter to the Central Government for appointment of an arbitrator under section 3H. A fresh objection may be filed by the petitioner along with a prayer that an arbitrator should be appointed by the competent authority. It appears that the Central Government by letter no. 34 dated 15.3.2005 issued by the National Highways Authority of India has appointed the Additional Collector as arbitrator under Section 3G (5). This being the position the matter may be referred to the Additional Collector on the application being filed by the petitioner within the aforesaid six weeks within a period of one month on receipt of the application. This writ application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)