Rajvati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2398 of 2020 ====================================================== Rajvati Devi Wife of Visundev Singh, Resident of Village Paharpur Vishunpur, Chamraha P.O. Mahnar Road (R.S.), District Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Old Secretariat, Patna.

2.

The Director, Land Acquisition, Govt. of Bihar, Patna. 3.

The Commissioner, Purnea Division, Purnea.

4.

The District Magistrate, Katihar, District- Katihar. 5.

The District Land Acquisition Officer, Katihar, District- Katihar. 6.

The Circle Officer, Korah Anchal, District- Katihar. 7.

The Project Director, India National Highway Authority, Shikandar Singh Sahiban Hath, Near MAHANANDA COLONY, Janta Chowk, Punrea District- Punrea Bihar.

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

For the Petitioner/s :

Mr.Chandra Bhushan Verma For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) Mr. Akhilesh Kumar Sinha, A.C. to S.C.19 For the N.H.A.I. : Mr. S.N.Pathak(S.C.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-02-2020 Heard both sides.

The petitioner in this writ petition seeks direction to the respondents to grant compensation to the petitioner taking into consideration the nature of land as commercial. Learned counsel for the petitioner submits that 2 decimals land of the petitioner was acquired for construction of Highways after demolishing the house of the petitioner. The petitioner also filed a petition before the respondent for change of the nature of her land to be acquired but no order has been

Patna High Court CWJC No.2398 of 2020(3) dt.14-02-2020 2/2 passed. Respondent No.5 issued notice to the petitioner on 04.12.2019 asking her to receive the amount of compensation which comes to Rs.27,981/-.

Learned counsel for the State as well as learned counsel for the N.H.A.I. submit that award has already been prepared under Section 3H(4). There is a provision of appeal against the award prepared by the Land Acquisition Authority. Having considered the facts that there is a provision of appeal against the award prepared by the Land Acquisition Authority but the petitioner has not filed any appeal and straightway came to this Court in writ jurisdiction. Accordingly, I dispose of this writ petition with a direction to the petitioner to present appeal before the competent authority who shall dispose of the appeal of the petitioner within six months from the date of presentation of the appeal.

(Prabhat Kumar Jha, J) Saurabh/- U