Patna High CourtCWJC/19806/2014disposed

Nityanand Tiwari v. The State Of Bihar And ORS

2017-11-28Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19806 of 2014 ===========================================================

1. Nityanand Tiwari S/o Late Vishwanath Tiwari @ Bhagal Tiwari Resident of Village and P.O. Kudra, P.S. Kudra, District Kaimur (Bhabhua), Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Kaimur at Bhabhua.

3. The Competent Authority-cum-District Land Acquisition Officer, Kaimur at Bhabhua.

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

For the Petitioner/s : Mr. Jai Prakash Tiwari Mr. Rajnish KUmar For the State : Mr. Manish Dhari Singh, AC to AG For the Intervener : Mr. Saurav Kumar Mr. Sheo Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 28-11-2017 Heard the learned counsel for the petitioner and the learned counsel for the State.

The land of the petitioner has been acquired for special Rail Project Corridor of the Indian Railways measuring 0.0121 hectare (3.025 decimal) of Khata No. 143, Plot No. 21, Thana No. 659 situated in Mauza Sakari, Anchal Kudra, District-Kaimur (Bhabhua). The learned counsel for the petitioner submits that the compensation amount has not been paid to him as per the area of the land acquired by the authority concerned, but two awards have been prepared one for the present petitioner and the other for the purchaser

Patna High Court CWJC No.19806 of 2014 dt.28-11-2017 2/2 of the land. He further submits that the amount of the award, which has been prepared in the name of the petitioner, is completely incorrect and he should have been given the higher amount of compensation. Further submits that the Land Acquisition Case No. 10 of 2016-17 is pending before the competent authority for deciding the apportionment of the award.

As the matter is pending before the competent authority for deciding the apportionment of the award, let all the issues be decided by the competent authority including the entitlement of the petitioner to the award amount prepared by the Land Acquisition Officer.

With this observation, this civil writ application is disposed of.

(Shivaji Pandey, J) ajay gupta/- AFR/NAFR NAFR CAV DATE NA Uploading Date30.11.2017 Transmission Date 30.11.2017