Parma Nand Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4234 of 2022 ====================================================== Parma Nand Mandal Son of Late Bharoshi Mandal, resident of Village - Batraha, P.S. Sonamani Godam, Block and Circle, Kursakanta, District - Araria.
... ... Petitioner/s
Versus
1.
The State of Bihar represented through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The Divisional Commissioner, Purnia Division, Purnia. 4.
The District Magistrate, Araria.
5.
The District Land Acquisition Officer, Araria. 6.
The Circle Officer, Kursakanta, Araria.
7.
The Block Development Officer Kursakanta Block, Araria. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Ravish, Advocate Mr.Sanjay Kumar Sharma, Advocate For the Respondent/s :
Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2023 Heard learned counsel for the petitioner and the State. 2.Writ petition has been filed for directing the respondents to provide him fair compensation at a rate fixed for residential land whereas he is being offered compensation for agricultural land mentioned in paragraph 1 of the writ petition.
3. Learned counsel for the petitioner submits that in view of provisions contained in section 64(1) of the 'Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013', matter is required to be heard by the District Magistrate (respondent no.4) for proper
Patna High Court CWJC No.4234 of 2022(2) dt.22-11-2023 2/3 assessment of the compensation amount.
4. Section 64 of the Act is reproduced herein below for easy reference:- "64. Reference to Authority.-(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested:
Provided that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority:
Provided further that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days."
5. Learned counsel for the State submits that the petitioner is entitled to get adequate compensation in accordance with the law and the concerned authorities are also ready to do so, provided they produce documents with respect to their right and title over the land in question.
6. In the facts and circumstances of the case, writ petition is disposed of with a direction to the petitioner to file a representation before the District Magistrate, Aararia (respondent no.4) along with all the relevant documents in
Patna High Court CWJC No.4234 of 2022(2) dt.22-11-2023 3/3 support of the claim, within a period of six weeks from today.
7. In the event, such representation is filed by the petitioner, respondent no. 4 shall examine the claim of the petitioner and pass a reasoned and speaking order in accordance with law after hearing the parties within a further period of six months.
8. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court. (Prabhat Kumar Singh, J) shashi/- U