IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14519 of 2010 1. SHITAL PRASAD, SON OF RAM NIRANJAN PRASAD 2. (MOST.) LAKSHMI DEVI, WIFE OF LATE MURARI PRASAD BOTH RESIDENTS OF VILLAGE ARARIA SANGRAM (TULAPATGANJ), P.S. GHOGHARDIHA ANCHAL JHANJHARPUR, DISTRICT MADHUBANI ----- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, LAND ACQUISITION DEPARTMENT, BIHAR, PATNA 2. THE NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH ITS CHIEF MANAGER, NEW DELHI 3. THE COLLECTOR OF DISTRICT (DM), MADHUBANI 4. THE DISTRICT LAND ACQUISITION OFFICER-CUM-COMPETENT OFFICER, NH 57, PROJECT MADHUBANI, DISTRICT MADHUBANI 5. THE ANCHALA ADHIKARI, JHANJHARPUR, MADHUBANI For the petitioners :- Mr. Shashi Nath Jha, Advocate For the State :- Mr. R. Priyadarshi, J.C. to A.A.G. III For N.H.A.I. :- Mr. Sunil Kumar, Advocate ----------- 2 3.9.2010 Petitioners are aggrieved by the fact that plot of land acquired by the National Highways has been treated to be residential in nature, as a result of which the petitioners have been paid the rate applicable to residential areas. The petitioners’ claim is that he is entitled to the payment applicable to lands which is commercial in nature. The petitioners have received the award amount with protest. An objection was also filed before the Land Acquisition Officer, which remains pending with him, as the award has been passed and the Land Acquisition Officer after disposal and notification under Section 12(1) cannot look into the objections of the land holders. The proper remedy for the petitioners would be to file an application before t he Arbitrator appointed under Section 3G 2 of the National Highways Act to decide the disputes with respect to the amount determined by the competent authority. I direct the petitioners to file an application before the Arbitrator within a period of four weeks on receipt of this order. The Arbitrator should decide the issues preferably within a period of two months after considering the submissions and the documents of the petitioners. This writ application is disposed of with the aforesaid directions. Sanjay ( Sheema Ali Khan, J.)