Achhaibar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19154 of 2014 =========================================================== Achhaibar Singh s/o Late Ram Janam Singh, Resident of Village- Akhalashpur, P.O.+P.S.- Bhabhua, Dist- Kaimur (Bhabhua). At present residing at MohallaAmba Bihar Colony, Ambedkar Path, P.S.- Rupaspur, Dist- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Kaimur at Bhabhua

3. The Executive Engineer, Road Construction Department, Path Pramandal Bhabhua Dist- Kaimur

4. The Anchal Adhikari Bhabhua, Kaimur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kr. Sinha, Sr. Adv. For the Respondent/s : Mr. Vinod Kr. Yadav, SC-18 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 12-09-2017 Heard learned counsel for the petitioner and counsel for the State.

As per claim of the petitioner, he is owner of the land appertaining to R.S. Khata No. 742, R.S. Plot No. 2827 measuring 1.16 acres of land has been utilized without consent for acquisition for construction of the road.

Admittedly, the land has not been acquired but, the State has utilized the land for the aforesaid purpose. When the petitioner approached to the competent authority, the Executive Engineer has found that the petitioner's land has been illegally utilized for construction of the road, has written a letter to the Collector vide letter no. 166 dated 3.2.2015 giving details of the fact and requested for giving direction to the Land Acquisition Officer to start proceeding for acquisition of the land. The Collector, vide

Patna High Court CWJC No.19154 of 2014 dt.12-09-2017 letter dated 24.2.2015, written a letter to the Executive Engineer intimating the rate of the land according to its nature but, the fact remains that the petitioner has not been paid any compensation amount for the land which has been utilized for construction of the road. The right to property is a constitutional right as provided under Section 300A of the Constitution of India, a person cannot be deprived of his/her land without making proper compensation. In that view of the matter, this Court directs the Collector, Kaimur at Bhabhua to take steps for acquisition of the land having been informed by the Executive Engineer that the land has been utilized for construction of the road.

The entire process of acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 must be completed expeditiously preferably within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.09.2017 Transmission Date NA