Yogendra Prasad And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22383 of 2018 ====================================================== 1.

Yogendra Prasad S/o late Vasudev Singh 2.

Ranbir Singh @ Ranjit Kumar Singh @ Ranjit Singh S/o Late Ramji Singh 3.

Arvind Kumar Singh S/o Late Surendra Singh 4.

Javed Hassan S/o late Sadarul Hassan 5.

Kashi Nath Singh S/o late Krit Singh All are Resident of Village-Bhusaula Danapur P.S.-Phulwari Sharif, District-Patna. 6.

Mahaveer Prasad S/o Late Kanik Lal Rai Resident of Village-Mahua Bag P.S.-Rupaspur, District-Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Principal Secretary and Commissioner, Land Reforms and Revenue Deptt. Govt. of Bihar, Patna.

3.

Collector Cum District Magistrate, Patna.

4.

District Land Acquisition Officer, Patna.

5.

Union of India, through D.R.M. East Central Railwaya Ministry of Railways, Hajipur.

6.

Chief Engineer, Construction East Central Railways, Hajipur 7.

Dy. Chief Engineer, Construction II East Central Railways, Danapur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajatshatru, Advocate For the Respondent/s :

Mrs. Nutan Sahay, AC to AAG-12 For the UOI :

Mr. Ram Tujabh Singh, CGC Mr. Radhika Raman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-02-2026 Heard Mr. Ajatshatru, learned counsel for the petitioners, Mrs. Nutan Sahay, learned AC to AAG-12 and Mr. Ram Tujabh Singh representing the Union of India.

2. The present petition has been preferred for the following relief(s):

2/4 "to issue a writ in the nature of MANDAMUS / CERTIORARI or any other writ or direction commanding the respondents to enumerate and pay the compensation of acquired lands of the petitioners as referred in paragraph no. 11, of village / Mauza - Bhusaula Danapur, Thana no. 40, P.S. - Phulwari Sharif, District Patna, as per the provisions contained in section 24 to 31, 40, 43 to 47, 69 & 80 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 Awards passed in L.A. Case No. 4 of / 2007-08, And Further the Petitioners 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 instructions contained in letter dated 26.10.2015 & 4.12.2015 [Ann- 8 & 9], And Further prayer to pay the additional compensation of 75% as per section 40 (5) of the Act as enumerated and paid to the Awardees of L.A. case no. 17/2005-06 of Mauza Adhapa Thana no. 65 Phulwari, District Patna for the one and same project of construction of Neura Daniyawa broad gauge railways line [Ann-11] as per letter

3/4 dated 7.12.2016 [Ann-10] because the land has been acquired under emergent provisions of the Act, And Further the Petitioners 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 till actual date of payment, 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.

3. The matter relates to Land Acquisition Case No. 4 of 2007-08 for the construction of Neura - Daniyawa broad gauge railway line via Jat Dumari.

4. The land of the petitioners/heirs falls within Mauza - Bhusaula, Danapur, Thana no. 40, P.S. - Phulwari Sharif, District - Patna.

5. He is aggrieved by the compensation amount and submitted that adjoining raiyats have been given compensation at a higher rater which has been denied to him.

6. The counter-affidavits have come according to which they have justified the decision submitting that the payments have already been made. The respondents submit that since the award has been prepared and the payments made, the

4/4 petitioners/heirs should approach the appropriate authority with a prayer for enhanced compensation.

7. In that background and with the consent of the parties, the writ petition stands disposed of allowing the petitioners/heirs to approach the appropriate authority for the redressal of the grievance.

8. Needless to add, if such petition is filed, the authority shall take into account the fact that the writ petition was pending since the year 2018 while dealing with the limitation petition.

(Rajiv Roy, J) Adnan/- U