Saroj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11427 of 2017 ====================================================== Saroj Kumar son of Late Digamber Singh, Resident of Village- Kulhariya, P.S. Koilwar, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Patna.

3.

The Collector, Patna.

4.

The Addl. Collector, Bhojpur at Ara.

5.

The Land Reform District Collector Bhojpur at Ara. 6.

The District Land Acquisition Officer, Bhojpur at Ara. 7.

The Sub- Div. Magistrate cum- Addl. Land Acquisition Bhojpur at Ara. 8.

The Circle Officer, Koilwar Circle, Koilwar, District- Bhojpur. 9.

The Circle Inspector, Koilwar Circle, Koilwar, District- Bhojpur. 10.

The Halka Karmchari, Koilwar Circle, Koilwar, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Kumar, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha-Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-04-2025 Heard the parties.

2. The writ petition has been filed for:- "i. the quashing of entire land acquisition proceeding by which land is being acquired for highway bridge and State Highway (from Babura to Dorigunj) in Mauza Dhandiga, Revenue Thana 133 in District of Bhojpur in non compliance of the provision under section 5A and section 9 in pursuant to section 4 & 9 of the land

Patna High Court CWJC No.11427 of 2017(2) dt.22-04-2025 2/3 acquisition Act 1894.

ii. Further quashing proceeding non of the said compliance of the provision of section '9' in perusing to the declaration under section 6 as published on 6.12.2012 in daily news paper under L.A. Act 1894.

iii. Further to declare that the land acquisition proceeding initiated under L.A. Act 1894 is lapsed on the ground in terms of section 24 of the New Act 2013 as compensation and the Right to fair Transparency in land Acquisition Rehabilitation and Resettlement Act, 2013. Hereinafter short referred as R.F. C.T. L.A. R.R. Act 2013 and still till date physical possession of the land in question has not been taken nor the compensation has been paid to the petitioner by the respondent.

iv. To declare that quantum of award has been made under either old or new Act is invalid in non compliance of provision of L.A. Act 1894.

v. After the quashing of entire

Patna High Court CWJC No.11427 of 2017(2) dt.22-04-2025 3/3 acquisition proceeding, direction be given to the respondent Authorities to initiate the fresh proceeding for the land in question under FCTLARR Act 2013 or to calculate and to determine the quantum of Award for the land in question accordance with the provision laid down under sec. 26 to 30 of the new Act 2013 or w.e.f. 01.01.2014 to the petitioner as so he submitted representation earlier to the respondents.

vi. Any other relief/ reliefs be granted to the petitioner as entitled in eye of law.

3. After some arguments, learned counsel for the petitioner submits that he shall be approaching the appropriate authority for the redressal of the grievance.

4. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) perwez/- U