Jamuna Prasad @ Jamuna Sao v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3549 of 2019 ====================================================== Jamuna Prasad @ Jamuna Sao, S/o Late Bhikhar Sao Vill.-Rafiganj Chouk Bazar, P.s.-Rafiganj, Distt.-Aurangabad ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Rerenual Land Reform Department,Govt. of Bihar, Patna 2.
The District Magistrate-cum-Collector Aurangabad 3.
The Chief Engineer Public Works Department, South Bihar, Patna 4.
The Executive Engineer Public Works Department Road Division No. 1, Aurangabad 5.
The District Land Acquisition Officer Aurangabad ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Udit Narayan Singh Mr. Jitendra Kumar Sagar For the Respondent/s :
Mr. Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2019 Heard learned counsel for the parties.
The petitioner has received the amount of compensation against acquisition of certain piece of land. He is, however, not satisfied with the determination of amount of compensation on the ground of the nature of land, so acquired. According to the petitioner; whereas the nature of the land was commercial, the same has been treated to be residential for the purpose of determination of the amount of compensation, in respect of the said land.
The petitioner has a remedy under Section 64 of the
Patna High Court CWJC No.3549 of 2019(3) dt.26-02-2019 2/2 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'the Act'), if he has not accepted the award or he had accepted the award with certain objection.
If the petitioner makes out a case under Section 64 of the Act, he can approach the competent authority under the said provisions, for redressal of his grievance.
This application stands disposed of with the aforesaid observation.
(Chakradhari Sharan Singh, J) Ashish/- U