Binod Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7070 of 2017 ====================================================== Binod Kumar Son of Nand Kishore Das, resident of Village P.O.- Temtha, P.S.- Parbatta, District- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3.

The Director, Land Acquisition Department, Government of Bihar, Patna. 4.

The Collector, Khagaria.

5.

The land Acquisition Officer, Khagaria.

6.

The Circle Officer, Parbatta, Khagaria.

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

For the Petitioner/s :

Mr.Rakesh Narayansingh, Adv.

For the Respondent/s :

Mr.Anjani Kumar-AAG4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 08-08-2024 Heard learned counsel for the parties.

2. In this writ petition, the petitioner has prayed for following relief:- "i) That the petitioner must be paid his entire compensation amount of 45 decimal of land on current market rate with statutory interest, soletium etc. by considering his land as residential plots.

ii) That the petitioner's amount of compensation should be calculated on the basis of Right to fair compensation and transparency in Land Acquisition Prohibition and Resettlement, Act 2013.

Patna High Court CWJC No.7070 of 2017 dt.08-08-2024 2/3 iii) That any other relief or reliefs may be allowed which will be just, proper and equitable on the opinion of this Hon'ble court."

3. Learned counsel for the petitioner submits that 45 decimal of land of the petitioner was acquired in 1989-90 by the respondent-authorities for construction of Gogari Narayanpur Embankment but, no compensation has been paid to him till date.

4. Learned counsel for the State by way of filing counter affidavit in the matter has submitted that the department has taken all efficient steps for making payment of compensation, which shall be made as per existing law of land acquisition for the area of land used for the construction of Bandh compensation earlier.

5. Having heard learned counsel for the parties and perusing the entire records of this case, this Court directs the Land Acquisition Officer, Khagaria (Respondent No.5) to make payment of compensation amount to the petitioner within a period of six weeks from the date of receipt/production of a copy of this order. If the amount of compensation is not paid to the petitioner then the Land Acquisition Officer, Khagaria will pass a reasoned order in accordance with law within the

Patna High Court CWJC No.7070 of 2017 dt.08-08-2024 3/3 stipulated period after hearing the petitioner.

6. With the aforesaid observations and directions, this writ petition stands allowed.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.08.2024 Transmission Date