Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1868 of 2024 ====================================================== 1.

Upendra Rai Son of Sheetal Rai Resident of Village Siswa, Police Station Raxaul, District- East Champaran.

2.

Avadhesh Rai Son of Mathura Rai Resident of Village Siswa, Police Station Raxaul, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, East Champaran.

4.

The Additional Collector (Revenue) East Champaran. 5.

District Land Acquisition Officer, East Champaran. 6.

The Deputy Collector Land Reforms, Raxaul, East Champaran. 7.

The Circle Officer, Raxaul, East Champaran.

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

For the Petitioner/s :

Mr.Rajnish Shandilya, Advocate For the Respondent/s :

Mr.Standing Counsel 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2024 Heard Mr. Rajnish Shandilya, learned counsel appearing on behalf of the petitioners and learned counsel for the State.

2. The present writ petition has been preferred for the following reliefs:

(i) to direct the respondent to redetermine the compensation amount @ Rs.100000/dismal of land with multiplying factor 2 (two) towards acquisition of the petitioners land, which is situated on road side and beyond 6 KM

Patna High Court CWJC No.1868 of 2024(2) dt.16-05-2024 2/3 away from the municipal limit of the Raxaul Nagar Parishad, and having been acquired for the purposes of construction of SSB (B.O.P.) at village Siswa, Revenue Thana no. 14, in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as the Act 2013); (ii) to direct the respondent as to make the payment of compensation amount after such redetermination of land value with interest component till the date of final payment, making adjustment of payment made earlier @ Rs50000/dismal in respect of the above referred acquisition of land.

3. After some arguments, learned counsel for the petitioners submit that though compensation amount has admittedly been received, the petitioners are aggrieved by the categorization/nature of land defined by the respondents. As such, they will be moving before the Land Acquisition, Rehabilitation and Resettlement Authority (LAARA) within a period of four weeks from today.

4. Learned counsel for the State has no objection to the averment put forward by the learned counsel for the petitioners.

5. If the petitioners move before the Land Acquisition,

Patna High Court CWJC No.1868 of 2024(2) dt.16-05-2024 3/3 Rehabilitation and Resettlement Authority (LAARA) within a period of four weeks from today, the said authority shall be taken up the matter after noticing each and every parties dispose of the same, preferably within a period of six months from the date, the petition is preferred before the authority.

6. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) Jagdish/- U