IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11205 of 2010 1. HARENDRA KISHORE SINGH, SON OF LATE BANKE LAL SINGH 2. RAM BAHADUR SINGH, SON OF LATE WAKIL SINGH 3. LAL BABU SINGH, SON OF BANARAS SINGH ALL RESIDENTS OF VILLAGE BATHANA, TOLA MATH BANBARI, P.O. BATHANA VIA PIPRA KOTHI, P.S. PIPRA KOTHI, DISTRICT EAST CHAMPARAN. ---- PETITIONERS Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, NATIONAL HIGHWAYS, CENTRAL SECRETARIAT, NEW DELHI 2. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, MUZAFFARPUR, P.O. & P.S. BHAGWANPUR, DISTRICT MUZAFFARPUR 3. THE STATE OF BIHAR 4. THE COLLECTOR, EAST CHAMPARAN, MOTIHARI 5. THE DISTRICT LAND ACQUISITION OFFICER, EAST CHAMPARAN AT MOTIHARI, P.S. & P.O. MOTIHARI, EAST CHAMPARAN, DISTRICT EAST CHAMPARAN. 6. THE CIRCLE OFFICER, KOTWA, P.O. & P.S. KOTWA, DISTRICT EAST CHAMPARAN. ---- RESPONDENTS For the petitioners :- Mr. Shashi Shekhar Dwivedi, Sr. Advocate Mrs. Sangita Sharma, Advocate For Union of India :- Mr. Gopesh Kumar, C.G.C. For N.H.A.I. :- Mr. N.K. Agrawal, Sr. Advocate Mr. Sunil Kumar, Advocate For the State :- Mr. Ansuman, A.C. to A.A.G. 3 ----------- 4 26.8.2010 This order is being passed with consent of both the parties. The dispute relates to the rate of payment to be given to the petitioners for 30 decimals of land which were offered by the petitioners to the National Highways for construction/extension of the N.H.-28. This offer was given and is recorded in an order passed by this Court contained in Annexure-5 dated 4.1.2010. Both the parties agreed that the petitioners have voluntarily surrendered the land in favour of the National Highways. The National Highways Authority is ready to give rate of the land fixed by the High Power Committee, headed by the Collector of East Champaran, Motihari for the purposes of fixing 2 the rate of the amount to be paid to the petitioners for the acquisition of 30 decimals of land. Both the parties are therefore, directed to appear before the Collector within a period of three weeks on receipt of a copy of this order. The High Power Committee will fix the date in accordance with the market rate prevailing in the area and also determine the solatium etc. to be granted to the petitioners in view of the State Government’s policy decision to pay an extra solatium to those persons who voluntarily surrender their lands. Both the parties will be at liberty to produce evidence with respect to the valuation of the land in the area. After appearance of the parties before the Collector, and once the date is fixed for hearing the matter, the interim order passed by this Court on 20.7.2010 shall stand vacated. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)