Kamala Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17183 of 2016 ====================================================== Kamala Singh s/o Late Ganesh Singh Village-Bakarpur, P.S Sonepur, DistictSarnan ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Commissioner, Saran at Chapra 3.
The District Magistrate-cum- District Collector, Saran 4.
The District Land Acquisition officer, Saran 5.
B.D.O. Sonepur, Saran Saran 6.
Circle Officer, Sonepur, Saran Saran ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Danish Sami, Advocate :
Mr. Dhananjay Mishra, Advocate For the State :
Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2025 Heard Mr. Danish Sami, learned counsel for the petitioner and Mr. Dhurjati Kumar Prasad, learned GP-14.
2. The present petition has been preferred for the grant of following relief(s):
"(i) to direct the respondent authorities to provide rest 20% of compensation amount immediately for the land cum building of the petitioner has been acquired for construction of National Highway four lane from Hajipur to Chapra and only 80% of compensation has been paid but rest 20% has not been paid till the date.
Patna High Court CWJC No.17183 of 2016(2) dt.18-08-2025 2/3 In view of the facts the land and building of petitioner bearing Khata No.2, Kheshra No. 298, Rakba 14 Kattha under Mauza Bakarpur has been acquired by the respondents for construction of NH-19 four lane road and award was prepared and the work of construction is in progress but only 80% compensation is still unpaid due to oblique reasons and malafide intentions.
(ii) to pay compound interest on due payment of 20% compensation amount and other due amount if any.
(iii) Any other relief/reliefs for which the petitioner is entitled for."
3. The petitioner had a piece of land details of which has already been recorded in the prayer which for the construction of NH-19 four lane, a decade ago. The claim is that he got 80 per cent of the compensation but 20 per cent has still eluded him.
4. A counter affidavit has come on behalf of the respondent no.3 and 4 duly signed by the District Land Acquisition Officer, Saran at Chapra according to which admittedly, 80 per cent payment has been paid and the rest 20
Patna High Court CWJC No.17183 of 2016(2) dt.18-08-2025 3/3 per cent is to be cleared for which estimate has been sent vide letter no. 343 dated 13.03.2018 to the National Highway Authority of India (NHAI) for its approval (Annexure-A to the counter affidavit).
5. The counter affidavit is of the year 2019, we are in the year 2025, six years have passed without any further reply on this point.
6. In that background and since there is no information forthcoming from either side, the writ petition stands disposed of with the direction that if the 20 per cent amount has not been cleared to the petitioner till today (18.08.2025), he shall be entitled to 9 per cent interest from 19.08.2025 till the actual payment is made on the 20 per cent compensation amount.
7. Needless to add, the State shall be free to realize the same from the NHAI, if the amount has not been transferred to the State till 18.08.2025.
8. The writ petition stands disposed of with the aforesaid observation.
(Rajiv Roy, J) vinayak/- U