Uday Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16807 of 2018 ====================================================== Uday Kumar son of Late Sarjoo Prasad resident of Village - Rukunpur, P.S. - Guraru and District Gaya.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The District Magistrate, Gaya.
3.
The Additional Collector, Gaya.
4.
The Competent Authority cum District Land Acquisition Officer, Gaya. 5.
The General Manager, East Central Zone, Hajipur, Bihar. 6.
The Deputy Regional Manager, Mugal Sarai Division Under East Central Zone, Hajipur, Bihar.
7.
The Manager Freight Corridor, Mugal Sarai Division under East Central Zone, Hajipur, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anirudh Kumar Verma, Adv.
For the Respondent/s :
Mr. Dhurjati Kumar, GP14 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. Learned Counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:- (i) For quashing the entire proceeding of acquisition on the ground that the award under section 20(F) of the Railway Act, 1989 under chap - IV(A) Land acquisition for a special Railway project has been made after lapse of 1 year from the publication of acquisition under section 20(E) i.e. under 20(E) publication of
Patna High Court CWJC No.16807 of 2018(2) dt.10-02-2025 2/3 acquisition is of 6.9.2013 and 5.10.2013 and 20(F) is of 16.12.2014 and amended award is of 03.07.17 which are in contravention of the mandatory requirement.
(ii) For quhasing of the proceeding as no consideration has been made over objection which is contrary to sub section 6 of sec. 20(F) of the Act.
(iii) For quashing of the awards as it is contrary to sec. 20(F) as well as sec.
20(G) of the Railway Act and for redetermining the compensation afresh as per the prevalent rate by initiating fresh proceeding under the Act.
3. Counsel for the petitioner fairly submits that liberty may be granted to him to move under 20(F)(6) of the Railways Act, 1989 (Act No.24 of 1989) for raising all his grievances relating to land acquisition matter.
4. Counsel for the State submits that this matter is relating to railways, but so far as law is concerned, correct provision of law has been raised by the petitioner.
5. In that view of the matter, the present writ petition is hereby disposed off, directing liberty to the petitioner to move before the Arbitrator for his reliefs under the law.
6. It is made clear that if there is any delay in filing the said application under the provision of 20(F)(6) of the
Patna High Court CWJC No.16807 of 2018(2) dt.10-02-2025 3/3 Railways Act, 1989, the limitation, if any, is directed to be condoned.
7. With the aforesaid directions and liberty, the present writ application stands disposed off. (Dr. Anshuman, J.) Prakashmani/- U