Minku Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1901 of 2025 ====================================================== 1.

Minku Kumari Wife of Rajiv Kumar Sinha, Resident of Village- Narsanda, P.S.- Chandi, District- Nalanda.

2.

Rajiv Kumar Sinha, Son of Late Rajendra Singh, Resident of VillageNarsanda, P.S.- Chandi, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Nalanda, Bihar. 2.

The Collector, Nalanda, Bihar.

3.

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

For the Petitioner/s :

Mr. Suryakant Kumar, Advocate For the Respondent/s :

Mr. Ajay Behari Sinha, G.A.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-02-2025 Heard learned Counsel for the petitioner and learned Counsel for the State.

2. The present petition has been filed for the following reliefs:- (i) For quashing Award No. 40 passed in Land Acquisition case no. 07/2022/23 by the Collector, Nalanda whereby an amount of 20,018,48/- has been held to be payable to the petitioner no. 1 for acquisition of her land bearing Khata No. 303, Khesra No. 560 measuring an area of 0.47 acres situated at Mauza Narsanda, Thana

Patna High Court CWJC No.1901 of 2025(2) dt.10-02-2025 2/3 No. 255 for construction and widening of -TelmarKarauta Road because it has been SalepurNarsanda-Telmar-Karau wrongly calculated on the basis of circle rate treating the land to be agricultural.

(ii) For quashing Award No. 29 passed in Land Acquisition case no. 07/2022/23 by the Collector, Nalanda whereby an amount of 2,55,555/- has been held to be payable to the petitioner no. 2 for acquisition of his land bearing Khata No. 192, Khesra No. 517 measuring an area of 0.06 acres situated at Mauza Narsanda, Thana No. 255 for construction and widening of SalepurNarsanda-Telmar-Karauta Road because it has been wrongly calculated on the basis of circle rate treating the land to be agricultural.

(iii) For direction to prepare fresh award by calculating the rate as per section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred as RFCTLARR Act, 2013) wherein it has been clearly provided that

Patna High Court CWJC No.1901 of 2025(2) dt.10-02-2025 3/3 amount has to be calculated as per average sale price of last three immediately preceding years. (iv) For any other relief / reliefs for which the petitioners are found to be entitled in the facts and circumstances of the case.

3. Learned Counsel for the petitioner has submitted that the petitioner has challenged the quantum of compensation by way of objection which is pending before the Collector, Nalanda.

4. The Collector, Nalanda is directed to dispose of the objection of the petitioner as early as possible in accordance with law.

5. With these observation(s), the writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Neha/- U