IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5872 of 2010 1. BIBI ISHRAT JAHAN W/O MD. RIZWAN R/O VILL.- BARA KAMAT CHISTIPUR, P.S.- ARARIA, R.S. DISTT.- 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, ARARIA AT PURNIA, BIHAR 4. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT BIHAR, PATNA 5. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE AND LAND REFORMS, BIHAR, PATNA 6. THE DIRECTOR, LAND QCQUISITION DEPARTMENT OF REVENUE AND LAND REFORMS, BIHAR, PATNA 7. THE DISTRICT MAGISTRATE, ARARIA 8. THE COMPETENT OFFICER CUM DISTRICT LAND ACQUISITION OFFICER, ARARIA 9. THE EXECUTIVE ENGINEER BUILDING CONSTRUCTION DEPARTMENT BUILDING DIVISION, ARARIA ----------- 02/ 08.04.2010 Heard learned counsel for the petitioner, the State and the Union of India. 2. Land and house of the petitioner has been acquired for widening of N.H. 57. Petitioner is disputing the valuation of the land and house, which has been acquired as the authorities have given contrary reports about the valuation which is dated 18.4.2007 and 10.2.2010. 3. It is submitted on behalf of the petitioner that valuation report dated 10.2.2010 does not reflect the correct valuation of the land and house acquired in terms of the provisions of the National Highway Act (hereinafter referred to as the Act). Valuation of the land/ house acquired has to be determined by the competent authority notified by the Central 2 Government and the valuation fixed by the competent authority if disputed by the land/ house owner or the representative of the National Highway Authority, reference is to be made before the Arbitrator in terms of Section 3G(5) of the Act. 4. Having heard counsel for the parties and having considered the statutory provisions of the Act, I am of the view that petitioner should accept the valuation of the land/ house acquired fixed by the competent authority under protest, which should be paid within one month and thereafter she should make a reference in terms of Section 3G(5) of the Act before the Arbitrator, who should dispose of the reference after ascertaining the correct valuation of the subject matter of acquisition in accordance with law, as early as possible, in any case within six months from the date of receipt of the reference. 5. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)