Smt. Malti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15119 of 2015 ====================================================== Smt. Malti Devi wife of Shri Kamta Prasad Singh resident of village - Chainpura, Post - Chainpura, Dariyapur, Police Station - Naubatpur, District - Patna.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

The Managing Director, Bihar Industrial Area Development Authority, 1st Floor, Udyog Bhawan, East G 3.

The Collector, Patna.

4.

The District Land Acquisition Officer, Patna. 5.

The Deputy Collector Land Reforms, Danapur, District - Patna. 6.

The Circle Officer, Naubatpur, District - Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Chakrapani, Advocate For the State : Mr. Sarvesh Kumar Singh, AAG-13 Mr. Arya Achint, AC to AAG-13 For the BIADA :Mr. Prashant Pratap, Advocate ============================================ ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-01-2024 Heard learned counsel for the parties.

2. Writ petition has been filed for quashing impugned L.A. Notification No- 19 of 2007-08, dated 10.12.2007, whereby the State Government acquired 96.71 acres of land to set up an industrial area at Village Kopa Kala, Naubatpur District- Patna as the entire proceeding in respect of the petitioner's land stood lapsed in view of coming into force of the Right to Fair Compensation and Transparency in Land Rehabilitation and Resettlement Act, 2013. It has also been prayed for a direction to the respondent authorities to restore the

Patna High Court CWJC No.15119 of 2015(5) dt.04-01-2024 2/3 name of petitioner in the revenue records by scoring out the name of United Breweries Limited over Plot No. 1286, area-221/3 Decimal (Khata No. 580) and Plot No. 1282, area- 22 Decimal (Khata No. 615) situated at Village Kopa Kala, Naubatpur, District- Patna.

3. Learned counsel for the petitioner submits that the petitioner is the purchaser of the land by virtue of registered sale deeds dated 18.09.1997 and 26.07.2010, as such, he wants fair compensation against acquisition of his land.

4. Counsel for respondent no. 3 and 4 has filed counter affidavit. In paragraph 6 of the counter affidavit it is stated that the award bearing Serial No. 36 has been prepared with regard to Plot No-1282, Khata No-615 area- 0.22 acre of 1and in the name of Amrit Saw S/o and Late Ramchandra Saw. Award at Serial no. 38 has been prepared with regard to P1ot No-1286, Khata No- 580, area-0.22 acre of land in the name of Mahaveer Singh, S/o Triveni Singh in L.A case no-19/2007-08. Learned counsel for the State submits that the petitioner may file an application before respondent no.4 for redressal of grievance with respect to fair compensation.

5. Let the petitioner file an application before respondent no.4 for getting fair compensation for his acquired

Patna High Court CWJC No.15119 of 2015(5) dt.04-01-2024 3/3 land as mentioned above, within a period of six weeks from today.

6. In the event such application is filed, respondent no.4 is expected to decide the issue of the petitioner and pass appropriate order in accordance with law after hearing the parties, preferably within a period of six months thereof. (Prabhat Kumar Singh, J) Shashi U