Avishek Kumar Singh @ Avishek Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18958 of 2015 ====================================================== Avishek Kumar Singh @ Avishek Singh ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Revenue and Land Reforms Department,Govt. of Bihar, Patna.

3.

The Director, Land Acquisition , Govt. of Bihar,Patna. 4.

The Collector, Bhagalpur.

5.

The Land Acquisition officer, Bhagalpur.

6.

The NPTC ltd. through its Chairman-cum-Managing Director, NTPC Bhawan, SCOPE Complex , Industrial A 7.

The Kahalgaon Super Thermal Power Project through its General Manager , NTPC Kahalgaon,District Bha ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Masleh-Uddin Ashraf, Sr. Advocate Mr. Rana Hasan, Advocate Mr. Homa Yunus, Advocate For the Respondent/s :

Mr. Sarvesh Kr. Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-07-2025 Learned counsel for the petitioner prays for and is allowed to implead the Arbitrator cum Divisional Commissioner, Bhagalpur Division, Bhagalpur as respondent no. 8 in course of the day.

2. Heard Mr. Syed Masleh-Uddin Ashraf, learned senior counsel for the petitioner and learned AC to AG 13. The present application has been preferred: for issuance of a writ of mandamus to pay compensation to the petitioner in accordance with the rate to be determined under the provisions of the Right

Patna High Court CWJC No.18958 of 2015(3) dt.15-07-2025 2/2 to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter be called, 'the new Act') and not in terms of the Land Acquisition Act, 1894 (hereinafter to be called, 'the old Act').

3. The claim of the petitioner is that though he got 80 percent of the compensation amount, the determination has not been made correctly.

4. Learned State counsel submits that in that case, the remedy lies before the Arbitrator cum Divisional Commissioner, Bhagalpur Division, Bhagalpur.

5. In that background, learned counsel for the petitioner submits that he shall be presenting a proper petition before the competent authority in next four weeks.

6. If such petition has been preferred in next four weeks, the same shall be taken to its logical conclusion after hearing all the parties preferably by 31st December, 2025. (Rajiv Roy, J) Raj Ranjan/- U T