Kusum Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4434 of 2023 ====================================================== Kusum Sharma Wife of Late Ram Binay Sharma, resident of village - Sohsa, P.S. Kinjar, District - Arwal.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Minor Irrigation Department, Bihar, Patna. 3.

The District Magistrate, Arwal.

4.

The District Land Acquisition Officer, Arwal. 5.

The Chief Engineer, Irrigation Srijan, Aurangabad. 6.

The Superintending Engineer, Sone High Level, Canal Circle, Aurangabad. 7.

The Executive Engineer, Punpun Baraj, Division - 2, Goh, Aurangabad. 8.

The Circle Officer, Karpi, Arwal.

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

For the Petitioner/s :

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

Mr. Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking direction to the respondent to pay the amount of compensation as per the MVR with effect from 01.04.2003 and suitable compensation to be paid at the rate of Rs.10,000/- instead of Rs.9,500/- per decimal.

3. Learned counsel for the petitioner and the State both agreed on this point that land acquisition has

Patna High Court CWJC No.4434 of 2023(3) dt.09-02-2024 2/3 been made and the petitioner has filed representation in this regard before the District Land Acquisition Officer, Arwal as well as to the District Magistrate, Arwal. The only dispute is relating to price of the land.

4. Counsel for the petitioner further submits that the representation of the petitioner is pending before the District Magistrate, Arwal, but no decision has been taken as yet.

5. Counsel for the State submits that this discrepancies can be removed for which the petitioner can raise his grievances before LARRA upon reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013( Act 30 of 2013).

6. In this view of the matter, petitioner is directed to file a fresh representation before the District Magistrate, Arwal, who is hereby directed to refer this matter under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, before the

Patna High Court CWJC No.4434 of 2023(3) dt.09-02-2024 3/3 LARRA.

7. This writ application is disposed of with the aforesaid observations.

(Prabhat Kumar Singh, J) Koushik/- U