Shyam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10604 of 2019 ====================================================== Shyam Mandal Son of Late Satyadeo Mandal Resident of Village and P.O.- Chanouraganj, P.S.-Jhanjharpur, District-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Madhubani. 2.

The District Land Acquisition Officer, Madhubani. 3.

The Project Director, N.H.A-1, Madhubani Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Narayan Mahto For the Respondent/s :

Mr.Sangha Mitra Ghosh, AC to Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 29-05-2019 Heard the learned counsel for the petitioner and the State.

The instant writ petition has been filed for issuance of an appropriate writ(s), order(s), direction(s) to the respondents to make payment of compensation of land and building bearing L.A. No. 187A, Khesra No. 2169 area 0.13 acre private Bhith Land, which is published in Hindustan Times on 05.07.2016 and 06.07.2006, which has been acquired by Govt. for making N.H.

57. Petitioner has submitted all documents with affidavit with regard to above mentioned land but proper compensation has not been paid to the petitioner. The petitioner has also prayed for direction to make payment of total compensation of land at

Patna High Court CWJC No.10604 of 2019 dt.29-05-2019 2/3 commercial rate with 18% interest per annum. Petitioner has filed several representations before the authorities which is pending till today.

Learned counsel for the petitioner has submitted that petitioner's father has constructed house on that land which has been acquired by Govt. in the year 2006 for wideness of road of N.H. 57. The similarly situated persons have got compensation at commercial rate but even after lapse of 12 years compensation has not been paid to petitioner. The petitioner has filed representation before the authority concerned vide Annexure-2, but the authority has not passed any order on the aforesaid representation. Learned counsel for the petitioner has submitted that the District Land Acquisition Officer, Madhubani (Respondent No. 2) be directed to pass appropriate order on such representation filed by petitioner.

Learned counsel for the State has no objection on such submission made by petitioner.

Accordingly, the instant writ petition is disposed off with direction to Respondent No. 2 to dispose off the representation filed by the petitioner, as contained in Annexure-2, within a period of one month from the date of receipt/production

Patna High Court CWJC No.10604 of 2019 dt.29-05-2019 3/3 of copy of this order after giving proper opportunity of hearing to the petitioner and looking into all the relevant documents. Respondent No. 2 will pass speaking order on such representation filed by petitioner.

(Sanjay Priya, J) rakhi/- AFR/NAFR CAV DATE N.A.

Uploading Date 01.06.2019 Transmission Date