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Patna High CourtCWJC/6437/2019disposed

Md. Jiyaul Haque v. The State Of Bihar

2019-04-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6437 of 2019 ====================================================== Md. Jiyaul Haque S/o Md. Kamaluddin Vill.- Sundarpur, P.s.- Pirpainti, Distt.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Collector cum D.M. Bhagalpur 3.

The District Land Acquisition Officer Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Sharma Mr.Dhirendra Nath Jha For the State :

Mr.Subash Chandra Yadav (GP15) Mr. Sanghamitra Ghosh, AC to GP 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-04-2019 Heard the learned counsel for the parties.

The land belonging to the petitioner's mother was acquired for construction of National Thermal Power Project, Pirpainti in the district of Bhagalpur. Before the final award could be prepared, the mother of the petitioner died. It is the case of the petitioner that 20% of the amount of compensation, which the petitioner's mother was entitled to receive, is yet to be paid to the petitioner and other heirs of his deceased mother. It is further case of the petitioner that the petitioner had approached the District Land Acquisition Officer, Bhagalpur in this regard for receiving the remaining amount of compensation in 2014 itself, but nothing has been done so far.

Patna High Court CWJC No.6437 of 2019(2) dt.05-04-2019 2/2 In the nature of grievance, which the petitioner has raised, this writ application is disposed of with a direction that let a decision be taken by the competent authority on the question of payment of remaining amount of compensation to the petitioner and other heirs of his deceased mother within a period of three months from the date of receipt/production of a copy of this order before the competent authority, i.e., the District Land Acquisition Officer, Bhagalpur. The petitioner shall be at liberty to raise his claim under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (Chakradhari Sharan Singh, J) HR/- U