Surendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15086 of 2018 ====================================================== Surendra Prasad S/o Late Shukari Mahto, Resident of Village-Barhari, P.S.- Chhabilapur (Rajgir), District-Nalanda (Biharsharif). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

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

4.

The Secretary, Department of Rural Development, Govt. Of BIhar, Patna. 5.

The Divisional Commissioner, Patna Division.

6.

The District Collector-cum-Land Acquisition Officer, Nalanda Biharsharif. 7.

The Additional Coillector, Land Acquisition Officer, Nalanda, Biharsharif. 8.

The Sub Divisional Officer, Rajgir, Nalanda Biharsharif. 9.

The Circle Officer, Rajgir, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Prasad For the Respondent/s :

Mr.Sajid Salim Khan -Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-11-2019 Heard both sides.

The petitioner filed this writ petition for direction to the respondent to pay compensation for acquisition of the land of the petitioner.

Counter affidavit has been filed.

Mr. Sajid Salim Khan, S.C. 25 submits that the petitioner never appeared before the land acquisition authority even after issuance of notice at the time of acquisition of the land and after preparation of award under Section 37(2) of the

Patna High Court CWJC No.15086 of 2018(5) dt.19-11-2019 2/2 Land Acquisition Act, 2013. The money is kept with the respondent and whenever the petitioner appears before the respondent, money shall be paid to the petitioner. The petitioner never raised any objection with regard to the amount of compensation.

The respondent is directed to deposit the amount of compensation, if not already deposited, before the competent authority, if the petitioner does not appear before the land acquisition authority and if the petitioner appears, the respondent shall pay the amount of compensation for acquisition of the land of the petitioner within two months from the date of receipt of this order.

With the aforesaid direction, the writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U