IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12931 of 2010 1. MANGI LAL GOLCHHA S/O LATE GOVARDHAN DAS GOLCHA R/O ARUN GOLCHA PATH, WARD NO. 5, FORBESGANJ, P.O. & P.S.-FORBESGANJ, DIST.-ARARIA. 2. PUSHPA GOLCHA W/O MOOL CHAND GOLCHA R/O ARUN GOLCHA PATH, WARD NO. 5, FORBESGANJ, P.O. & P.S.-FORBESGANJ,DIST.-ARARIA. Versus 1. THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF SHIPPING, SURFACE TRANSPORT AND NATIONAL HIGHWAY, NEW DELHI. 2. THE MANAGING DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, NEW DELHI 3. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, PURNIA DIVISION, PURNEA, BIHAR. 4. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVT.OF BIHAR, PATNA. 5. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE & LAND REFORMS, BIHAR, PATNA. 6. THE DIRECTOR, LAND ACQUISITION, DEPARTMENT OF REVENUE & LAND REFORMS, BIHAR, PATNA. 7. THE DISTRICT MAGISTRATE, ARARIA. 8. THE DISTRICT LAND ACQUISITION OFFICER, ARARIA COLLECTORATE, ARARIA. ----------- For the Petitioner: - Mr. Suraj Samdarshi, Advocate. For the N.H.A.I. - Mr. N. K. Agrawal, Senior Advocate. For the State: - Mr. Ajay Kumar Sharma, A.C. to A.A.G. III. ------------- 6. 2.11.2010 The petitioners have surrendered their lands to the National Highway Authority of India for the purposes of construction and widening of National Highways in the District of Araria. The case of the petitioners is that an advertisement was issued by the National Highway Authority of India (Annexure-7) and the land which was notified to be acquired has been described to be residential land (Annexure-3). 2 Learned counsel for the petitioners submits that the rate of the land of village Rampur has been fixed by the State Government. The rate of residential area is Rs. 23,250/- per decimal, whereas the rate of the commercial area is Rs. 30,000/- per decimal. The grievance of the petitioners is that petitioner no. 2 had been paid only part of the compensation amount whereas, petitioner no. 1 has not been paid anything which was to be paid after acquisition of his land. A counter affidavit has been filed on behalf of the respondents National Highway Authority of India in which it has been stated that unless the petitioners accept that land in question are residential, part payment cannot be made to the petitioners on the rate fixed for residential land. It has been asserted that the claim of the petitioners, that the lands in question are commercial in nature cannot be decided by this Court, rather a High Power Committee would determine the nature of the land and fix the rate of compensation admissible for the lands in question. In the circumstances aforesaid, the petitioners are directed to submit their applications along with all documents relating to the subject 3 matter before the High Power Committee within a period of six weeks after receipt of a copy of this order. The Members of the High Power Committee are directed to take a decision after hearing National Highway Authority of India who will also present themselves before the committee. The aforesaid High Power Committee after hearing both sides will decide the matter within a period of six weeks thereafter. After the High Power Committee decide the issues, payment of the award amount should be made as expeditiously as possible, preferably within a period of three months thereafter. This writ application is disposed of with the aforesaid direction. Anand Kr. ( Sheema Ali Khan, J.)