Sundar Pahalwan @ Surendra Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11997 of 2018 ====================================================== Sundar Pahalwan @ Surendra Yadav Son of Pyare Yadav, Resident of VillageMilkipar, Barki Akuana P.O. Chhotki Akauna, P.S. Ghoshi, DistrictJehanabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Co-Ordinator, Sone Canal Project, Aurangabad. 3.

The Special Land Acquisition Officer, Sone Yojna, Daya Mukhya Canal Project, Aurangabad, Bihar.

4.

The Executive Engineer, Irrigation Department, Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjan Kumar Sharan For the Respondent/s :

Mr.Vikash Kumar- Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 30-10-2024 In the instant petition, petitioner has prayed for the following relief(s):- "For issuance of a direction/directions to the respondents to pay the compensation of land acquisition amount to the petitioner on revised and appropriate rate of compensation in view of Section 24

(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as 'the Fair Compensation Act, 2013) and further for payment of compensation with interest pendete lite and/or making award upon

Patna High Court CWJC No.11997 of 2018 dt.30-10-2024 2/3 multiplying four times of the present market value of the land and for other relief/reliefs, order/orders for which the petitioner is entitled in the facts and circumstances of the case."

2. Learned counsel for the petitioner submits that in respect of the grievance regarding payment of appropriate and revised amount of compensation for acquisition of the land in question at new market rate, petitioner has filed representation before Special Land Acquisition Officer, Sone Yojna, Daya Mukhya Canal Project, Aurangabad on 30.05.2018 (Annexure-2) but the same has not been decided uptill now.

3. Learned counsel for the State has submitted that payment regarding acquisition of land in question has already been made. It has been submitted that land was acquired in the year 2011 and payment of compensation has been made in the year 2012. The sole thrust of the petition is for disposal of the representation submitted by the petitioner vide Annexure-2. He submits that belated representation made by the petitioner vide Annexure 2 of the writ petition, is not maintainable in the light of the submission that the payment has already been made in the year 2012. He, however, submits that with respect to the said grievance, petitioner may approach the concerned

Patna High Court CWJC No.11997 of 2018 dt.30-10-2024 3/3 authority by filing a fresh representation, which would be considered as per law

4. Considering the facts and circumstances of the present case and the arguments advanced on behalf of both the parties, the present writ petition stands disposed of with liberty to the petitioner to file afresh representation alongwith all necessary materials for seeking compensation at new rate within six weeks from the date of receipt of this Order. The concerned authority is hereby directed to consider petitioner's grievance and pass appropriate order expeditiously, as per the law. (Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.10.2024.

Transmission Date NA