IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1633 of 2011
GOKULA NAND MISHRA & ORS
Versus
THE STATE OF BIHAR & ORS
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3 07.03.2011
Counsels for the petitioners, N.H.A.I. and
State are present.
The grievance of the petitioner is that out
of 72.100 decimals of land, only a small portion i.e.
0.01 hectare land belonging to the petitioners was
acquired under the National Highway Act 1956 but
the entire land of the petitioners have been forcibly
taken and used for construction of N.H. 57.
A counter affidavit has been filed on
behalf of the National Highway authority on
4.3.2011 copy whereof is not available with the
records. Learned counsel for the N.H.A.I. has
produced his copy from perusal whereof it appears
that a positive stand has been taken by them that
only 0.01 hectare of land appertaining to Khesra
No. 9623 of Mauza Basantpur in the district of
Araria has been acquired which is an extreme land
of R.O.W. and thereafter no land has been
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acquired. From paragraph 8 of the said counter
affidavit, it further appears that the National
Highway authority has controverted the claim of the
petitioners that writ petitioners’ entire land
measuring 72.100 decimals have been taken over
and used for the construction of N.H. 57.
Let the State respondents take instruction
in the matter and file a counter affidavit within six
weeks from today.
List this matter after eight (08) weeks
under the same heading.
pkj (Kishore K. Mandal, J)