Kamla Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7372 of 2017 ====================================================== Kamla Devi Wife of Ramjeet Sao, resident of Village- Maudahi, P.O.- Katesar, P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Secretary Industrial Department, Govt. of Bihar, Patna. 3.

The Managing Director, Bihar Industrial Area Development Authority Udyog Bhawan, Gandhi Maidan, Patna.

4.

The Land Development Officer Incharge Bihar Industrial Area Development Authority, Patna.

5.

The District Land Acquisition Officer, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagjit Roshan, Adv.

:

Mr. Om Prakas Singh, Adv.

For the Respondent/s :

Mr. Kinkar Kumar, SC-9 For the BIADA :

Mr. Binita Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2023 Counsel for the petitioner, counsel for BIADA and counsel for the State are present.

2. Counsel for the petitioner submits that initially the present writ petition was filed for quashing the letter no. 738/D dated 23.02.2016 issued form Land Development Officer Incharge, Bihar Industrial Area Development Authority, Udyog Bhawan, Patna by which the petitioner's land situated at MauzaSikandarpur, Thana No.5, Khesra No.158, Area-30 Decimal was acquired without notice under L.A. Case No.1 of 2011-12. In the said case a clear cut statement of the respondents was given that in no case the land shall be released from the acquisition.

Patna High Court CWJC No.7372 of 2017(2) dt.26-07-2023 2/2

3. Upon serving such statement of respondent the petitioner has filed Interlocutory Application petition directing the respondent to make the payment of appropriate compensation for her land, which was subject to acquisition under L.A. Case No.1 of 2011-12.

4. Counsel for the petitioner is directed to represent herself, with the concerned documents, before the Land Acquisition Officer, Patna for receiving the compensation amount which was subject to acquisition under L.A. Case No.1 of 2011-12.

5. The Land Acquisition Officer, Patna (Respondent no.5) is directed to make the admissible payment towards the compensation of the petitioner within 8 weeks from the date of representation made by the petitioner along with this order.

6. In case, the Land Acquisition Officer, Patna finds that petitioner's compensation amount is otherwise, he is directed to pass a reasoned and speaking order for the representation of the petitioner.

(Dr. Anshuman, J.) Ashishsingh/- U