IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1028 of 2011 1. Durga Devi W/o late Raghunath Mishra 2. Sachindra Kumar Mishra S/o late Raghunath Mishra 1 and 2 permanent R/o vill. Narpat Nagar, P.S. Sakri, Dist. Madhubani. --Petitioners. Versus 1. The State of Bihar through its Chief Secretary, Patna 2. The Managing Director, National High Way Authority of India, New Delhi. 3. The Project Director National High Way Authority Darbhanga 4. The Collector Madhubani. 5. The Additional Collector, Madhubani. 6. The Sub-divisional Officer, Madhubani. 7. The District Land Acquisition Officer, Madhubani. 8. Madhucon Project Ltd. N.H 57 BR-07 Darbhanga site, Base Camp Manigachhi, dist. Darbhanga, through its project Manager, Darbhanga. ---Respondents. ----------- 06 05.05.2011 Heard learned counsel for the petitioners, Assistant Counsel to learned Additional Advocate General no.1 and counsel representing the National High Way Authority. Petitioners have filed this application seeking following relief(s) as would manifest from para 1 which reads as under:- “1. That this petition is being filed for issuance of writ of appropriate nature order or direction commanding respondents to properly assess valuation and compensation of petitioners’ land situate at Mouza Mokrampur, Narpatnagar and Kanakpur under Anchal Pandaul in the Dist. of Madhubani, fully detailed in para 9,11 & 12 below, on commercial rate fixed by the respondents or the present market price, which have been acquired for, or whose possession has been taken of for widening of N.H. 57 in 4 lane road at its stretch between Muzaffarpur-Purnea section. The petitioners also pray for a direction to the respondent to properly calculate and pay compensation value of 100 mango tree chopped off from their plots on taking its forceful possession and the valuation of its wood taken away by 2 the agency of NHI, respondent no.8.” The matter was heard on 20.04.2011 when the following order was passed:- “Learned counsel for the petitioner, the N.H.A.I. and learned A.C. to A.A.G.-1 representing the State respondents are present. Having noticed the contentions made in the main writ petition and the counter affidavits filed on behalf of the contesting respondents, it is agreed at Bar that the admissible amount of compensation payable to the land holder should be paid to petitioner No.1 being the mother of Late Yatindra Kumar Mishra. For rest of the grievances, the petitioner would approach the authorities under the relevant provisions of National Highways Act. On the request of learned A.C. to A.A.G.-1, the matter is adjourned to be listed again after two weeks under the same list. Let a plain copy of the order be handed over to learned A.C. to A.A.G.-1 today.” Learned Assistant Counsel to Additional Advocate General no.1 submits that in the light of the said direction and observations made by this Court he has already received instructions contained in letter no. 382 dated 30.04.2011 issued by the District Acquisition Officer-cum- competent Authority together with cheque bearing no. 384509 dated 30th of April, 2011 for a sum of Rs. 11,14,672.00/- (Eleven lac fourteen thousand six hundred seventy two only) drawn in favour of petitioner no.1, namely, Durga Devi. The said cheque is handed over to learned counsel for the petitioners in Court. Learned State counsel submits that petitioners are 3 required to furnish bond(s) and the documents relating to title of the lands which is attached with the said communication. Learned counsel for the petitioners accepts the cheque on behalf of the petitioners and states that the petitioners(s) would be filing all the relevant documents/bond(s) before the concerned Authority within 02 weeks from today. This Court records the aforesaid statement of the petitioners. As agreed between the parties, the application is disposed of with liberty to the petitioners to approach the concerned Authority for ventilation of rest of their grievance(s) under the relevant provision(s) of the National Highways Act. Sym (Kishore K. Mandal, J.)