Rajesh Kumar vs The State Of Bihar
2023 Latest Caselaw 3506 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1185 of 2023
     ======================================================

1. Rajesh Kumar Son of Late Tarkeshwar Prasad Singh, Resident of Village Chandauli, P.S.- Belsand, District- Sitamarhi.

2. Anjani Kumar Son of Late Dineshwar Prasad Singh, Resident of Village Chandauli, P.S.- Belsant, District- Sitamarhi.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Revenue Land Reforms, Department, Government of Bihar, Patna.

2. The Collector, Sitamarhi

3. The Additional Collector, Sitamarhi

4. The District Land Acquisition Officer, Sitamarhi

5. The Special Land Acquisition Officer, Bagmati Project, Sitamarhi

6. The Circle Officer, Belsand, Sitamarhi

7. The Executive Engineer, Design Division, Ratwara, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate Mr. Sanjeeb Kumar Sanju, Advocate For the Respondent/s : Mr. Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT

Date : 07-08-2023

Heard learned counsel for the petitioners and

learned counsel for the State.

2. Learned counsel for the petitioners submits that

the present writ petition has been filed directing the respondent

to make the payment of the award to the petitioners towards

compensation of the amount of the land which was acquired

measuring about 5.14 Acre of land for different mouza relating

to L.A. Case No. 29 of 76-77, 24/76-77, 58/76-77, 35/76-77,

4/76-77, 17/79-80, 9/79-80, which was acquired by the Special

Land Acquisition Officer, Bagmati Project, Sitamarhi.

3. Learned counsel for the petitioners submits that Patna High Court CWJC No.1185 of 2023 dt.07-08-2023

admittedly the land acquisition case was initiated according

Land Acquisition Act, 1894, which also transpires from the case

number but the same was not paid to the petitioners on the

ground that there was a Ceiling Case No. 28/76 was pending in

the court of A.D.M., Sitamarhi against the grand father of the

petitioners namely, late Kamta Prasad and others. Counsel

further submits that with the span of time, the said land ceiling

case was decided in favour of the petitioners' grand father but

thereafter no information with regard to payment of the

compensation amount towards acquisition of the land were

made to the petitioners or their ancestors. Counsel further

submits that the petitioners were minor at that very period of

time but subsequently when they become major, they have filed

representation and persuaded the matter before the Land

Acquisition Officer but nothing happened. Thereafter, they filed

a RTI application but no information was provided. Thereafter,

the petitioners have taken consultation to their advocate who

informed that under Article 300(A) of the Constitution of India,

it is the constitutional right of the petitioners to get the

compensation particularly when the land belongs to their family

and land ceiling case was decided in favour of the petitioners

and others. Counsel further submits that the petitioners are Patna High Court CWJC No.1185 of 2023 dt.07-08-2023

entitled to receive compensation according to new Acquisition

Act, 2013.

4. Learned counsel for the State has filed counter

affidavit. In the said counter affidavit, the stand has taken by the

State that the amount of compensation was deposited in the

Sitamarhi Treasury by the Land Acquisition Officer, according

to the then law and vide letter dated 22.07.2023 District Land

Acquisition Officer, Sitamarhi had issued a letter which is

annexed as Annexure-C of the counter affidavit, in which it has

been stated that the total 7.11 Acre of land of the petitioners'

family was acquired and due to pendency of the Bihar Land

Ceiling Act, 1961, payment of the compensation amount could

not be made to the petitioners. By the said letter the Land

Acquisition Officer, Sitamarhi has demanded the order passed in

favour of the petitioners under Bihar Land Ceiling Act, 1961,

Land Possession Certificate, latest rent receipt as well as

Genealogical Table issued by circle office, on the basis of which

the Land Acquisition officer, Sitamarhi is ready to make

payment in favour of the petitioners.

5. In this background, counsel for the petitioners

submits that they are entitled to receive the payment according

to the new Act of Land Acquisition, 2013 as his matter covers Patna High Court CWJC No.1185 of 2023 dt.07-08-2023

under category of Section 24 (2) of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 [Act No. 30 of 2013].

6. In this background, this Court directs the

petitioners to first of all comply the instructions laid down in

Letter No. 860 dated 22.07.2023 issued by the District Land

Acquisition Officer, Sitamarhi and ascertain the same about

their grievances. The petitioners shall be at liberty to receive the

said amount with objection. Since there is delay due to the

pendecny of the case and thereafter inaction on the part of the

officials, they shall be at liberty to raise their matter for the

reference. In their application, they shall raised all their claims

for which they are entitled under the new Act of Land

Acquisition, 2013 and the Collector of Sitamarhi shall decide

their claim and direct their matter for reference under the law.

7. With the aforesaid observation, the present writ

petition is hereby disposed off.

(Dr. Anshuman, J.) ravishankar/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          11.08.2023
Transmission Date       N.A.