Vijay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18081 of 2015 ====================================================== Vijay Kumar Singh Son of Late Randhir Kumar Singh, resident of VillageBihta, Police Station- Bihta, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Patna.

3.

The Land Acquisition Officer, Patna.

4.

The Circle Officer, Bihta.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Respondent/s :

Mr. Sarvesh Kr. Singh, AAG-13 Mrs. Sunita Kumari, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2024 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mrs. Sunita Kumari, AC to AAG-13.

2. This order be read in continuation of the order dated 21.02.2024, in which, after detailing of the facts of the case, the State was directed to file an affidavit.

3. Pursuant thereto, a supplementary counter-affidavit on behalf of respondent Nos. 2 and 3 namely, the Collector, Patna as also the District Land Acquisition Officer, Patna is on record and paragraphs-13 to 16 read as follows:

13. That the petitioner has already received the 100% compensation amount of Rs. 4,92,854.21 with regard to 0.21 acre of

2/4 land under Plot No-1051, Khata No-406 under The 80% of Rs.- Mauja-Dilawarpur.

compensation amount of Rs. 2,38,723.81 has been paid to the petitioner on 19.09.2012 and the remaining amount Rs.-2,98,881.00 has been paid on 20.08.2015 through Award No-03 (Kha) in view of the provisions made under the RFCTLARR Act, 2013 including the multiplier factor (x2), 100% solatium amount, additional damages and applicable interest. Thus, the grievance of the petitioner with regard to Plot redressed. No-1051 has been redressed.

14 . That as far as the Plot No- 1050 is concerned, the value of the 0.49 acre of land has been found to be 2,85,670.00 as per the rate 5,83,00.00 per acre with regard to Mauja-Dilawarpur. In the said amount after addition of Factor, 100% solatium amount and additional damages @ 14.30% the compensation amount has been calculated to be 11,83,531.00 as per the provisions under

3/4 the New Act, 2013. In this amount interest till 20.03.2024 has been calculated which has been found to be 1,83,301.00.

15. That the 13,66,832.00 total amount Rs. (Thirteen Lacs Sixty Six Thousand Eight Hundred Thirty Two) has been calculated for payment of the compensation amount to the petitioner with regard to the Plot No.-1050 (area-0.49 acre).

16. That the said amount of Rs.- 13,66,832.00 has been calculated in view of the provisions of the New Act, 2013 which shall be paid when the petitioner approaches the office of the District Land Acquisition Officer, Patna along with the relevant documents."

4. Though this Court is satisfied with the averment made in the supplementary counter-affidavit, Mr. Singh appearing for the petitioner submits that still there is some difference in calculation, as such, he may have the liberty to agitate the matter. That liberty is always available to the petitioner, if he still has grievance with the payment that has

4/4 been made.

5. It goes without saying that if the petitioner approaches with all the relevant documents within four weeks from today, the concerned authority shall be duty bound to get the documents checked and made necessary payment if the petitioner is entitled to it.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U