Ray Jagannath Prasad v. The State Of Bihar Through The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4490 of 2021 ====================================================== Ray Jagannath Prasad son of Late Mishri Lal Ray R/o the village - Lodipur, P.O. - Chirand, P.S. - Doriganj and the District - Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary of the Department of Revenue and Land Reformation, Government of Bihar, Old Secretariat, Baily Road, Patna.

2.

The District Magistrate-cum-Collector, Saran at Chhapra. 3.

The Land Acquisition Officer, Saran at Chhapra. 4.

The Project Director (PIU) National Highway Authority of India, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Respondent/s :

Mr.Lalit Kishore (Ag) for NHAI Mr. Sriram Krishna, Advocate Mr. A.Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and the State. 2.Writ petition has been filed for directing the respondent no.3 to pay amounts of awards against acquired lands of the petitioner mentioned in paragraph 1 of the writ petition for construction of the National Highway 19 in view of commercial valuation of the land multiplied by 4 at the rate fixed by the District registrar.

3. Learned counsel for the petitioner submits that in view of provisions contained in 'Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013', matter is required to be heard by the

Patna High Court CWJC No.4490 of 2021(5) dt.10-10-2023 2/2 respondent no.3) for proper assessment of the compensation amount.

4. Learned counsel for the State submits that the petitioner is entitled to get adequate compensation in accordance with the law and the concerned authorities are also ready to do so, provided they produce documents with respect to their right and title over the land in question.

5. In the facts and circumstances of the case, writ petition is disposed of with a direction to the petitioners to file an appropriate application before the respondent no.3 along with all the relevant documents in support of the claim, within a period of six weeks from today.

6. In the event, such representation is filed by the petitioners, respondent no. 3 shall examine the claim of the petitioner and pass a reasoned and speaking order in accordance with law after hearing the parties preferably within a period of six months thereafter.

(Prabhat Kumar Singh, J) Shashi U