Patna High CourtCWJC/15741/2014dismissed

Anwar Ahmad And ANR v. The State Of Bihar And ORS

2017-09-14Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15741 of 2014 ======================================================

1. Anwar Ahmad son of late Abdul Majeed resident of village Angarghat, Police Station Angarghat and District Samastipur.

2. Bachchi Mahto son of late Sonelal Mahto resident of village Angarghat, Police Station Angarghat and District Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Samastipur.

3. The Land Acquisition Officer, Gandak Scheme, District Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawnit Kumar Tiwary For the Respondent/s : Mr. Ag-R.B. Mahto ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-09-2017 None appears on behalf of the petitioners. Learned counsel for the State is present.

The petitioners have sought relief for issuance of direction to the respondents either to acquire the land of the petitioners under the provisions of the land Acquisition Act or release the land of the petitioners from the acquisition and also to pay the compensation amount to the petitioners for acquired land of the petitioners under the Land Acquisition Act. It would appear from perusal of the record that earlier some of the lands of the petitioners as well as other lands were acquired vide Notification dated 06.01.2014. Since the Right to Fair Compensation and Transparency in Land Acquisition

Patna High Court CWJC No.15741 of 2014 (2) dt.14-09-2017 2/2 Rehabilitation and Resettlement Act, 2013 came into force from 01.01.2014, the previous notification was taken back and process for fresh notification in accordance with the Act, 2013 has been initiated which is evident from Annexure-A to the counter affidavit.

Therefore, it would appear that the respondents have already initiated the proceeding for acquisition of the lands in accordance with new act and therefore, this petition does not warrant any interference of this Court.

This petition stands dismissed.

AnilKrSinha/- (Hemant Kumar Srivastava, J) U