Jugeshwar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16417 of 2017 ====================================================== Jugeshwar Singh s/o late Nathun Mahto Resident of Village - Bhusaula Danapur P.S. - Phulwarisharif, District - Patna. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Secretary and Commissioner, Land Reforms and Revenue Deptt. Govt. of Bihar, Patna.
3.
Collector, Patna.
4.
District Land Acquisition Officer, Patna.
5.
Union of India through D.R.M. East Central Railways Ministry of Railways, Hajipur.
6.
Chief Engineer, Construction East Central Railways, Hajipur. 7.
Dy. Chief Engineer, Construction East Central Railway, Danapur, Patna. 8.
Arbitrator-cum-Divisional Commissioner, Patna Division, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajatshatru, Advocate For the Respondent/s :
Mr. Sajid Salim Khan - SC-25 For the UOI :
Mr. Awadhesh Kr. Pandey, Sr. CGC Mr. Abhishek Kr. Verma, Advocate Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2025 Learned counsel for the petitioner prays for and is allowed to implead the Arbitrator-cum-Divisional Commissioner, Patna Division, Patna as respondent no. 8 in course of the day.
2. Heard the parties.
3. The present writ petition has been preferred for the following relief(s):
"to issue a writ in the nature of
Patna High Court CWJC No.16417 of 2017(2) dt.06-05-2025 2/3 MANDAMUS/ CERTIORARI or any other writ or direction commanding the respondents to enumerate and pay the compensation of acquired land of the petitioner bearing plot no. 1535, Khata no 442, measuring area 0.15 acre of Thana no 40 of Mauza - Bhusaula Danapur, P.S. Phulwari Sharif, District Patna, as per the provisions contained in section 24 to 30, 40, 69, 80 & 96 of Right to Fair Compensation and Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 30 of 2013 [Here in after mentioned as "The Act"] of the Award no. 1 passed in L.A. Case No. 113/2011-12, And Further the Petitioner prays for direction to respondents to enumerate and pay the market value of land as on the date of implementation of "the Act" i.e. 1.1.2014 as mentioned in The Act as well as under letter dated 26.10.2015 & 4.12.2015 [Ann-7 & 8], And Further prayer to pay the additional compensation of 75% as per section 40 (5) of the Act as well as letter dated 7.12.2016 [Ann-10] because the land has been acquired under emergent provisions, And
Patna High Court CWJC No.16417 of 2017(2) dt.06-05-2025 3/3 Further the Petitioner prays for direction to pay the amount @12% per annum as contained in section 30 (3) of the Act, Further prayer for direction to respondents to enumerate and pay the interest from the date of possession of the plot i.e. 25.5.2007 [Ann-5], u/s 80 of the Act And be further pleased to issue any further direction/ directions to the respondents in view of the facts and circumstances of this case."
4. After some arguments, learned counsel for the petitioner submits that for the interest amount, he shall be approaching the Divisional Commissioner, Patna Division, Patna-cum-Arbitrator for the redressal of his grievance.
5. Granting said liberty to approach the concerned authority in four weeks, the writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U