Murari Prasad Vs National Highway Authority of India (NHAI) (Patna High Court)
The recent judgment by the Patna High Court in the case of Murari Prasad versus the National Highway Authority of India (NHAI) has stirred discussions regarding land classification disputes. The court’s direction to file an appeal instead of a writ has significant implications for the parties involved.
The crux of the matter lies in the dispute over the classification of land, specifically Khesra No. 3408, owned by Murari Prasad. The petitioner sought redressal through a writ petition to quash the order dated 23.09.2022, passed by the Commissioner, Saran Division, dismissing his appeal in default.
The petitioner’s contention arises from the decision of the DLAO, Saran, Chapra, regarding the classification of his land. Despite initiating arbitration proceedings (Arbitration Case No. 13/2021), the petitioner failed to appear on multiple dates, resulting in the dismissal of the case for non-prosecution.
Subsequently, a restoration petition (04/2022) was filed, but it was rejected by the Commissioner, Saran Division, Chapra. The petitioner’s dissatisfaction with the outcome led to the writ petition.
The dispute stems from gazette notifications under the National Highway Act, 1956, specifically S.O. 2706 (E) dated 21.08.2017, and S.O. 319 (E) dated 19.01.2018. These notifications pertained to the acquisition of land, including the petitioner’s, for the construction of the Chhapra Gopalganj section of NH-85.
