Kanti Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14048 of 2017 ====================================================== 1.

Kanti Devi and Anr Wife of Late Sachidanand Singh, 2.

Alakh Niranjan Prasad Singh, Son of Late Sachidanand Singh, Both resident of Village- Goshrawan, P.S.- Griyak, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

The Secretary, Department of Road Construction, Govt. of Bihar, Patna. 4.

The District Magistrate Nalanda at Biharsharif, District- Nalanda. 5.

The Additional Collector, Land Reforms, Nalanda at Biharsharif, DistrictNalanda. 6.

The Deputy Collector Incharge cum Secretary Public Grievance Cell Nalanda at Biharsharif, District7.

The District Land Acquisition Officer, Nalanda at Biharsharif, DistrictNalanda. 8.

The Circle Officer, Giriyak, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aaruni Singh, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam -Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2025 Heard Mr. Aaruni Singh, learned counsel for the petitioners and Mrs. Nutan Sahay, learned AC to AAG-12.

2. The present writ petition has been preferred for the following relief(s):

A. For issuance of an appropriate respondents to pay the compensation amount to the petitioners at an enhanced rate as per claim in representation dated 06-06-2013,

2/4 petition dated 25-08-2014 as well as 20-032015 for the land of the petitioners which has been acquired under emergent process while notification dated 06-12-2013 and declaration dated 09-12-2013 published in District Gazettes bearing P.R No- 104/201314 for construction of Pawapuri-Ghosrawan Road, Situated in village-Ghosrawan, Thana No-309 -Anchal Giriyak, District- Nalanda.

B. For issuance of an appropriate respondents to dispose of the representation dated 06-06-2013 as well as 20-03-2015 filed by the present petitioners along with others before the District Land Acquisition Officer Patna, District- Patna with a prayer to pay the remaining compensation amount and also to enhance the rate of the land of the petitioners.

C. For issuance of an appropriate respondents either to pay the compensation amount at an enhanced rate as per claim made in representation dated 06-06-2013, petition dated 25-08-2014 as well as 20-032015 to the petitioners for the land of the petitioners which has been acquired under emergent process or de notify the said notification by releasing the land of the petitioners by handing over the possession

3/4 over the land which has been acquired.

D. For issuance of an appropriate respondents to make reference of the Land Acquisition Case No-10 of 2014-2015 to concern Land Acquisition Judge for reevaluation of the land which has been initiated by the authorities on the petition filed by the present petitioners before the District Land Acquisition Officer Nalanda, District- Nalanda with a prayer to enhance the rate of the land of the petitioner.

E. For any other relief or reliefs for which petitioner is entitled in the opinion of this Hon'ble High Court.

3. The documents on record show that pursuant to the award prepared, payments have been made, though the case of the petitioners is/are that they accepted the amount after putting in their respective objection.

4. In that background, it is open to the petitioners to approach the Appropriate Authority/Tribunal/Court in accordance with law if they believe that the amount that was incorporated in the award was not justified/in accordance with the entitlement which they had.

5. If any such petition is preferred in next four weeks, the Authority/Tribunal/Court shall keep in mind that the matter

4/4 was pending before this Court for the last eight years while deciding the limitation petition.

6. With the aforesaid observation, the writ petition is disposed of.

(Rajiv Roy, J) Vijay Singh/- U