IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5382 of 2010 1. ROSHAN KUMAR S/O LATE BHAGWAN LAL SAHU R/O MOHALLA- SHIMRAHI BAZAR, P.O. RAGHOPUR, P.S.- RAGHOPUR, DISTT.- SUPAUL 2. LAXMI DEVI W/O LATE BHAGWAN LAL SAHU R/O MOHALLA- SHIMRAHI BAZAR, P.O.- RAGHOPUR, P.S.- RAGHOPUR, DISTT.- SUPAUL Versus 1. THE UNION OF INDIA THROUGH SECRETARY N.H. DIVISION DEPARTMENT, GOVT. OF INDIA, NEW DELHI (N.H.9) 2. THE SECRETARY UNION OF INDIA, GOVT. OF INDIA, NEW DELHI 3. THE STATE OF BIHAR 4. THE COLLECTOR SUPAUL 5. THE DISTRICT LAND ACQUISITION OFFICER, SUPAUL 6. THE ARBITRATOR-CUM-ADDITIONAL COLLECTOR SUPAUL DISTRICT For the Petitioner : Mr. Mani Bhusan Kumar-1, Advocate. For the NHAI : M/s N.K. Agrawal, Sr. Adv., Sunil Kumar, Dr. Bidhu Ranjan, Advocates. For the State : Mr. Ravindra Priyadarshi, Advocate. ----------- 02. 01.04.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners are the raiyat of the lands in question detailed in paragraph-6 of the writ application, which has been acquired for widening of NH-57 in terms of the notification dated 16.8.2007, Annexure-2 and 11.11.2009. It is submitted on behalf of the petitioners that they had volunteered their lands/building for widening of N.H.-57 and in terms of the provisions of the National Highways Act(hereinafter referred to as the Act) and the relevant notification issued from time to time are entitled for higher compensation. 3. This writ application has been filed for a direction to the authorities to revise the compensation amount. If petitioners dispute the quantum of compensation amount they have remedy in terms of the provisions contained in Section-3G(5) of the Act before the Arbitrator appointed by the Central Government. Accordingly, this writ application is disposed of with direction to the petitioners to - 2 - approach the Arbitrator-cum- Additional Collector, Supaul raising the claim which they raised in the writ application and the Arbitrator shall be obliged to consider and dispose of the same by passing the award in accordance with law, as early as possible, in any case within three months from the date of receipt of the claim of the petitioners. For the present petitioners should withdraw the amount determined by the competent authority under Section-3G(1) of the Act but such withdrawal will not prejudiced their claim before the Arbitrator. Rajesh/ (V.N.Sinha, J.)