Indrasan Musahar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13396 of 2017 ====================================================== 1.

Indrasan Musahar S/o late Sukai Musahar 2.

Jawahar Musahar @ Jawahir Musahar S/o late Lalita Musahar 3.

Lorik Musahar S/o late Mangar Musahar 4.

Sarswati Devi D/o late Madan Musahar 5.

Tetari Devi W/o late Bahalu Musahar 6.

Kuni Musahar S/o late Rangi Musahar 7.

Kedar Musahar late Rangi Musahar 8.

Rudal Musahar S/o late Mangar Musahar All Resident of Village- Dhanaha Musahar Toli, P.O and P.S. - Dhanaha, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary Revenue Department, Govt. of Bihar, Patna. 4.

The Director, Land Acquisition, Bihar, Patna. 5.

The District Magistrate, West Champaran at Bettiah. 6.

The District Land Acquisition Officer, West Champaran at Bettiah. 7.

The Sub Divisional Officer, Bagha West Champaran. 8.

The Circle Officer, Madhubani West Champaran. 9.

The Managing Director Bihar Rajya Pul Nirman Nigam Ltd. Bihar, Patna. 10.

The Senior Project Engineer, Special Work Division, West Champaran at Bettiah.

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Respondent/s :

Mr.Raj Kishore Roy-Gp18 For B.R.P.N. Ltd.

:

Mr. Anand Kumar, Advocate Ms. Vijeta Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-04-2025 Heard the parties.

2. The present petition has been preferred for the

2/4 following relief/s:

(i) for directing the Respondents to pay the compensation to the Petitioners with cost and interest for their land acquired for making guide barrage over the Dhanha-Ratwal Gandak Bridge in the Year 2015-16;

(ii) for commanding the Respondents to settle fresh land with the Petitioners under the same mausa U/s 41 (7) of the Right to Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as the Petitioners are landless Schedule Casts and their only source of livelihood has been taken by the Respondents without giving them any notice;

(iii) for initiating legal action and imposing penalty on the Respondents for not paying the Petitioners 1/3 compensation U/s 41(6) of the Right to Compensation and Transparency in Land

3/4 Acquisition, Rehabilitation and Resettlement Act, 2013;

(iv) for issuance of such other appropriate order or direction which may deem fit and proper in the facts and circumstances of the present case.

3. A counter affidavit of the respondent nos. 9 and 10 duly signed by the Sr. Project Engineer Works Division, East Champaran at Motihari is on record stating that the compensation amount has been released in favour of the District Land Acquisition Officer, West Champaran at Bettiah.

4. Learned counsel for the petitioners submit that it will suffice if they are allowed individually to approach the respondent no.6, the District Land Acquisition Officer, West Champaran at Bettiah for redressal of their grievances.

5. Learned State Counsel has no objection.

6. In that background, the writ petition stands disposed of allowing the petitioners to file their separate representation in next four weeks.

7. If the same is filed within the stipulated period, the respondent no.6, the District Land Acquisition Officer, West Champaran at Bettiah shall take the matter to its logical

4/4 conclusion in next six months.

8. The writ petition stands disposed of.

(Rajiv Roy, J) Ravi/- U