IN THE HIGH COURT OF JUDICATURE AT PATNA

(CIVIL WRIT JURISDICTION)

C.W.J.C NO. 13140 of 2021

NH NO. 2(Aurangabad- Chordaha Division)

………….Petitioner

Versus

The State of Bihar & ors. ………………Respondents

Statement of fact on behalf of District Magistrate, Gaya for Filing

affidavit in compliance of the order passed by this Hon’ble Court in
CWJC no. 13140/2021

1. That the averments made in the instant writ application which

are not specifically admitted and are beyond/contrary to the
records of the case are herby denied.
2. That nearly 61.525 km stretch of road falls under Gaya District of
National Highway no. 2( Aurangabad- Chordaha Division ) which
pases through Amas, Sherghati, Dobhi and Barachatti Anchals for
which process of acquisition of land was started for
widening/converting the same from four lane into six lane
3. That it would not be out of place to mention here that process of
acquisitioning of lands in Amas, Gurua, Sherghati, Dobhi and
Barachatti Anchals have been completed and hindrance free
possession of land for widening of nearly 39.625 KM out of
61.5235 KM has already been delivered to the NHAI and the
remaining 21.9 KM passes through the 26 villages of Amas
Anchal.
4. That it is pertinent to note that process of acquisition of land in
26 villages under Amas Anchal was delayed due to Chakbandi
proceeding which after Intervention of this Hon’ble Court, the
 process of Chankbandi proceeding were denotified by the
Directorate Chakbandi, Patna. It may be denoted that 16 villages
out of 26 villages were denotified by the Directorate Chakbandi,
Patna in the month of march- April 2021 and thereafter process
of acquisition was started therein and presently approved 3G
award has been received by the District Adminstration for the
lands as well as nuildings situated over the acquired lands and
disbursement of compensation amount is in processes which will
be completed within two months and thereafter hindrance free
possession will be delivered to the NHAI.
5. That in the month of March – April 2022 remaining 10 Villages
were denotified by the Directorate Chakbandi, Patna and
thereafter process of acquisition has been started therein.
6. That in pursuance of the aforesaid denotification of the 10
Villages by the Directorate Chakbandi, Patna, fresh acquisition
process has been started on the basis of Chak Khatiyan and
according notification to acquire the lands of 09 Villages out of
the said 10 Villages was published 30/07/2022 and notification
to acquire the lands of the remaining 01 Villages namely
Manjholiya was published on 27/08/2022.
A photocopy of the Notification

Dated 20/07/2022 And

notification dated 24/08/2022

is annexed herewith as

Annexure A & A/1 to this

Supplementary counter affidavit.

7. That thereafter the objection from the concerned raiyats were

received and the same was disposed of in accordance with law
and thereafter notification with respect to declaration of
acquisition under section 3D of the National Highway Act with
 respect to all the said 10 Villages has been uploaded on the
portal of NHAI for its approval from the Ministry.
A web copy showing the
pendency of the notification

Under section 3D for its

Publication its annexed

herewith as Annexure B to

this counter affidavit.

8. That after publication of notification under section 3D, 3G award will be

prepared by the district Administration and the same will be sent for its
approval by the Competent Authority of the NHAI and after receiving the
Said approval, it will be disbursed in the account of the beneficiaries and
thereafter possession of the acquired land will be obtained and the same
will be handed over to the NHAI.

9. That it is respectfully submitted that in terms of amount nearly Rs. 205.79

Crores has been recived by the CALA for acquisition out of which Rs. 205.61
Crores have been disbursed and Rs. 0.18 Crores remains to be disbursed
which mainly belongs to the 16 Villages of Amas Anchal which were
denotified in the month of March – April of 2021.
10.That from the facts and circumstances stated above, it is humbly submitted
that all requisite steps has/are been taken by the authorities of Gaya
District in acquisition of required land for early completion of the NH-2 into
six lane.
11.That I have gone through the contents of this affidavit and understood the
same.
12.That the statement made in paragraph No. 1 to 11 are true to the best of
my knowledge and the best of my information derived from the records of
the case and rest are by way of submission before this Hon’ble Court.
13.That the annexures are true photocopies of their respective originals.
DLAO ADM District Magistrate
Gaya Gaya Gaya