Niraj Yadav Alias Niraj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3479 of 2024 ====================================================== Niraj Yadav alias Niraj Kumar Yadav Son of Baharmdev Yadav, Resident of Village- Thakurganj, Jhala, P.S.-Kurlikol, District- Kishanganj. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary Department of Land Reform and Rural Development Govt. of Bihar.
2.
The Director, Land Reform and Rural Development Govt. of Bihar, Patna. 3.
The District Magistrate, P.S. and District - Kishanganj. 4.
The District Land Acquisition Officer, Kishanganj, P.S. and District - Kishanganj.
5.
The Circle Officer, Kishanganj, P.S. and District- Kishanganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Anjani Pd. Singh, Advocate For the Respondent/s :
Mr. Madanjeet Kumar, G.P.-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-06-2024 Heard Dr. Anjani Pd. Singh, learned Counsel for the petitioner and Mr. Madanjeet Kumar, learned G.P.-20.
2. The present petition has been preferred for the following reliefs:- (i) for modification the order dated 25/5/2022 passed in the land Acquisition case number- 09/2017 to 2018 passed by the learned court of land Acquisition Rehabilitation and Resettlement Authority, Purnia. By which he has paid the valuation of the land as per the old rate for the land khata number - 378, khesra number4083, 4084, 4085 along thatched house constructed over Thana Number -15, Circle Office-
Patna High Court CWJC No.3479 of 2024(2) dt.20-06-2024 2/3 Thakurganj, District- Kishanganj Area about 23.900 decimal;
(ii) for proper payment to the petitioners concern the Land Acquisition proceeding under section- 64(1) along with the settlement Act Under Section 65 of the right to fair compensation and transparency of the Land Acquisition Rehabilitation and Resettlement Act 2013;
(iii) for the payment of interest against delayed payment to the petitioner and/or pass such other order(s) to which the petitioners are largely entitled.
3. The petitioner claims to be the owner of a piece of land of Mauja-Churli, Khata No.-378, Khesra No.-4083, 4084, 4085, Area-23.9 decimal under Cirlce-Thakurganj, DistrictKishanganj which has been acquired for construction of IndoNepal Border Road Project vide record No.-09 of 2017-18.
4. The matter later travelled after being referred by the Collector, Kishanganj under section 64(1) of the Right to Fair Compensation and Transparency of the Land Acquisition, Rehabilitation and Resettlement Act, 2013 (henceforth for short 'the Act'). The case was taken up by the said authority, Purnea vide Land Acquisition Case No. 09 of 2017-18, the concerned parties were noticed and thereafter vide an order dated 25.05.2022 accepted the claim of the petitioner and calculated
Patna High Court CWJC No.3479 of 2024(2) dt.20-06-2024 3/3 the amount considering their land as residential. Accordingly, the amount of Rs. 91,800/- was paid.
5. The petitioner is now aggrieved that he should have been given the amount on the basis of MVR decided by the District Registration Office, Kishanganj.
6. Dr. Singh submits that he will be taking opportunity before competent authority/Court for the redressal of his grievance.
7. Learned State Counsel has no objection.
8. In that background without commenting anything on the merit of the case, the writ petition stands disposed of granting him such liberty.
(Rajiv Roy, J) Neha/- U