Nh-28A Balance Work Of Piprakothi ... Vs The State Of Bihar On 25 ...

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Patna High Court - Orders

Nh-28A Balance Work Of Piprakothi - ... vs The State Of Bihar on 25 March, 2021

Bench: Chief Justice, S. Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8349 of 2021 ====================================================== NH-28A Balance Work of Piprakothi - Motihari - Raxaul on item rate Dist- East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar. 2. The Union of India, New Delhi. 3. The Chairman, National Highway Authority of India, New Delhi. 4. The Chief Secretary, Govt. of Bihar. 5. The Development Commissioner, Govt. of Bihar. 6. The Additional Chief Secretary, Road Construction, Govt. of Bihar. 7. The Additional Chief Secretary, Revenue Deptt., Govt. of Bihar. 8. The Principal Secretary, Finance Deptt., Govt. of Bihar. 9. The National Highway Authority G-5 and 6, Dwarika, New Delhi. 10. The Regional Officer NHAI, S.K. Puri, Patna. 11. The District Magistrate, East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. P.K.Shahi, Sr. Advocate, Amicus Curiae For the State of Bihar : Mr. Anjani Kumar, AAG-4 Mr. Pawan Kumar, AC to AG For the Union of India : Dr. K.N.Singh, ASG Mr. Kumar Priya Ranjan, Advocate For NHAI : Mr. S.D.Sanjay, Sr. Advocate Mr. Anshay Bahadur Mathur, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 25-03-2021

Shri P.K.Shahi, learned Senior Advocate, has volunteered to assist the Court as an Amicus Curiae.

Dr. K.N.Singh, learned Additional Solicitor General, Patna High Court CWJC No.8349 of 2021(2) dt.25-03-2021 2/5 enters appearance on behalf of the respondent No. 2, Union of India, Mr. Anjani Kumar, learned AAG-4, enters appearance on behalf of the Respondent Nos. 1, 4, 5, 6, 7, 8 and 11 as also Mr. S.D.Sanjay, learned Senior Counsel on behalf of the Respondent Nos. 3, 9 and 10.

Let the name of respondent No. 2, namely, Union of India, New Delhi, be corrected to be read as The Union of India through Secretary, Ministry of Road Transport and Highways, New Delhi and The Secretary, Ministry of Road Transport and Highways, New Delhi. The said party respondents be arrayed as Respondent No. 2(i) and Respondent No. 2(ii) respectively.

Let District Land Acquisition Officer, East Champaran be impleaded as party respondent Nos. 12.

Registry to take necessary steps for correction in the memo of parties.

In CWJC No. 8900 of 2020, today we have passed the following orders:-

" 3rd Supplementary Counter Affidavit stands filed on behalf of the NHAI.

From the affidavit, it is evident that during the time of current pandemic Covid-19 in the Financial Year 2020-21, NHAI has sanctioned an amount of Rs. 11,327.45 crores, as payment for acquisition of land with respect to various projects undertaken in the State of Bihar. This amount pertains only to the projects Patna High Court CWJC No.8349 of 2021(2) dt.25-03-2021 3/5 undertaken by the NHAI and not any other agency.

The particulars of the amount sanctioned with respect to the projects are indicated in the Annexure-F of the affidavit, which we extract as under:-

What is disturbing and distressing is, as is evident from the affidavit, that only 15% (approx.) of the amount stands released and the remaining amount is pending, inter alia, for want of passing of the awards, as per law.

Patna High Court CWJC No.8349 of 2021(2) dt.25-03-2021 4/5 Precisely, out of Rs. 11327.45 crores, only a sum of Rs. 2066.09 crores stands released and the remaining amount of Rs. 9261.36 crores is yet to be released.

Shri Anjani Kumar, learned AAG-4, states that he shall obtain instructions from the appropriate authority and by preparing a chart in a tabular form, indicate road-wise, different stages of the processes for acquisition of land, also accounting for the delay.

Repeatedly, in our several orders, we have emphasized the need of setting up of places of public conveniences on the National Highways. Also, the need for setting up of Petrol Pumps having such facilities. The Ministry of Petroleum of the National Highway Authority of India have a workable plan providing such facilities, which surely, when implemented in the State of Bihar would not only boost its economy, but also generate employment so as to check migration of the residents of Bihar, seeking employment outside the State. We cannot forget that all arterial roads to East/Northeast India passes through Bihar, which also has an International Border.

We refrain from stating anything further, save and except, that the authorities, shall expedite the process for acquiring the land with respect to each one of the projects for which the amount stands sanctioned. List on 13.04.2021, as prayed for, through virtual mode."

Learned counsel appearing for the parties are of the view that they shall exchange the notes and Shri Anjani Kumar, learned AAG-4, shall submit a report, indicating different stages Patna High Court CWJC No.8349 of 2021(2) dt.25-03-2021 5/5 of action/work with respect to the road in question.

List on 13.04.2021, as prayed for, through virtual mode.

(Sanjay Karol, CJ) ( S. Kumar, J) sujit/-

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