Kali Dutt Pandey v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3941 of 2023 ====================================================== Kali Dutt Pandey Son of Late Gopal Pandey, R/o- Vill and P.O.- Chusa, P.S.- Buxar (M), District- Buxar, presently R/o Vill- E 102, Gold Ratna Apartment, Kolavada Road, Vavol, Gandhinagar, District- Gandhinagar, Gujarat. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Railway, Government of India, New Delhi.

2.

The State of Bihar through the Principal Secretary, Revenue and Reforms Department, Patna, Bihar.

3.

The Collector-cum- District Magistrate, Buxar. 4.

The District Land Acquisition Officer, Buxar. 5.

The Sub- Divisional Officer, Buxar.

6.

The Circle Officer, Chausa, Buxar.

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Adv.

:

Mr. Kritya Nand Jha, Adv.

For the UOI :

Ms. Priyanka Raj Laxmi, Adv.

For the State :

Mr. Sajid Salim Khan, SC-25.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner, learned counsel for the Union of India and learned counsel for the State.

2. Learned counsel for the petitioner submits that petitioner is ready to accept the compensation amount with objection as mentioned in Annexure No.4 to the writ petition, therefore, a direction may be given to the District Land Acquisition Officer, Buxar that payment may be assured to petitioner. He further submits that petitioner may also be granted liberty to move for further remedy available under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2023).

Patna High Court CWJC No.3941 of 2023(2) dt.01-08-2023 2/2

3. Learned counsel for the State submits that the petitioner may be directed to appear before the District Land Acquisition Officer, Buxar.

4. In the light of Annexure No.4 of the writ petition, it transpires that the notice has been issued to the petitioner in Land Acquisition Case No.20 of 2022 for receiving the amount of compensation, therefore, petitioner is directed to file fresh representation alongwith the copy of order passed by this Court and appear before the District Land Acquisition Officer, Buxar.

5. The District Land Acquisition Officer, Buxar is directed to hand over the compensation amount for which the petitioner is entitle within eight months from the date of filing of fresh representation.

6. Under law, the petitioner is entitle to accept the compensation amount with objection and he is also free to demand further enhanced compensation before the competent authority under law.

7. With this observation and direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/- U