Patna High Court
Deepak Kumar vs The State Of Bihar And Ors on 8 August, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7333 of 2018
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Deepak Kumar S/o Late Ajab Narayan Singh, Resident of Village- Barki
Mahamadpur, P.S.- Bakhitarpur, District- Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Principal Secretary, Revenue and Land Reforms Department-Cum
Director, Land Acquisition, Bihar,
3. The General Manager (Personnel) East Central Railway Hajipur Bihar.
4. The Divisional Railway Manager, East Central Railway, Danapur.
5. The Collector, Patna.
6. The Additional Collector, Barh.
7. The District Land Acquisition Officer, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Uday Prasad Singh, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 08-08-2024
Heard the parties.
2. The petitioner is aggrieved by non payment of the
compensation amount as per the existing market value of his
acquired land appertaining to Khata No. 62, Kheshra No. 126
having an area of 22 decimal, which land was acquired for the
construction of Bakhtiyarpur-Rajgir Extension Line and yard.
3. A counter affidavit has been filed on behalf of the
respondent nos. 5 and 7. It is categorically averred that the land
at Mauza-Mirdaha Chak, Thana No. 134, Area 2.39 acre has
been acquired for construction of Bakhtiyarpur Triangle Rail
Patna High Court CWJC No.7333 of 2018 dt.08-08-2024
Line project after following due procedure of law vide Land
Acquisition Case No. 10/2002-2003. A notification under
Section 4 of the Land Acquisition Act, 1894 (hereinafter
referred to as "the Act") and declaration under Section 6 of the
Act have already been made and the same has been published in
two local newspaper on 21.03.2002 and 28.03.2002. The notice
under Section 9 of the Act, was also issued to the concerned
land owner and mukhiya of the gram panchayat, stating therein,
that the Government intends to take possession of the land and
claims to compensation for all interests in such land may be
made. After fixation of the rate and adding the applicable
interest etc., the process of payment of 80 per cent
compensation to affected land owners was started and
possession of the land has been handed over to the
Requisitioning Authority. After declaration of the award notice
under Section 12 (2) of the Act had already been issued.
4. It is fairly contended that the land bearing Khata
No. 62, Plot No. 126, Area 17 decimal lands is also under
acquisition for the aforesaid project. However, till date, the
petitioner has not submitted any claim for payment of
compensation in prescribed format along with required
document in support of his claim, i.e., copy of khatiyan/sale
Patna High Court CWJC No.7333 of 2018 dt.08-08-2024
deed, land possession certificate, revenue receipt, bank account,
no objection from other co-owner, if any, etc. It is also
contended by the learned Government Pleader that after
submission of the claim of the petitioner along with required
document and after proper verification by the answering
respondent, the decision for payment of compensation will be
taken.
5. In view of the fair submissions made on behalf of
the learned Advocate for the State, the writ petition stands
disposed of with a liberty to the petitioner to ensure filing of
proper application in a prescribed format along with required
documents before the respondent no. 7, preferably within a
period of four weeks, from today.
6. If such an application is filed along with all the
necessary documents, the same shall be considered by the
respondent no. 7 and if the claim of the petitioner finds favour,
necessary compensation shall be paid to the petitioner, in
accordance with law, within a further period of twelve weeks.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.08.2024.
Transmission Date NA
