Ram Nandan Sah And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.765 of 2014 In Civil Writ Jurisdiction Case No. 6191 of 2013 ======================================================

1. Ram Nandan Sah S/O Late Lakhan Sah

2. Yogendra Sah S/O Late Lakhan Sah

3. Hari Krishna Sah S/O Late Lakhan Sah All R/O Village Kansar, P.S. Belsand, District Sitamarhi. .... .... Petitioner/s

Versus

1. The State Of Bihar through Secretary, Land Reforms Department, Government of Bihar, Patna.

2. Dr. Pratima Verma, District Magistrate, Sitamarhi.

3. Prabhu Ram, Addl. Collector, Sitamarhi.

4. Vinod Kumar Thakur, Spl. Land Acquisition Officer, Gandak Project, Muzaffarpur. .... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Jha For the State : Mr. H.S..Roy, AC to PAAG-1 ===================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 16-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

A supplementary show cause has been filed on behalf of the opposite party no. 4, Special Land Acquisition Officer, Gandak Project, Muzaffarpur as also on behalf of the Deputy Development Commissioner-cum- In-charge District Magistrate, Sitamarhi. Both are personally present. It is stated that the District Magistrate, Sitamarhi is on leave and therefore, he could not be present today.

In the show cause it is stated that the compensation amount payable to the petitioners has been calculated at Rs. 4,08,000/- under the Right to Fair

Patna High Court MJC No.765 of 2014 (5) dt.16-11-2016 2/2 Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 after taking consent from the petitioners and two cheques of Rs. 3,36,000/- and Rs. 72,000/- dated 16.11.2016 totaling to Rs. 4,08,000/- have been kept ready which shall be handed over to the petitioners after the execution of the deed of lease.

In view of the aforesaid, it is evident that the opposite parties have complied with the order under contempt though belatedly.

The contempt application is, accordingly, disposed of with the direction that the petitioners shall within six weeks make contact with the Special Land Acquisition Officer, Muzaffarpur at his office who shall ensure that the deed of lease is executed and the cheques in question are handed over to the petitioners.

It shall however, be open to the petitioners to take recourse to appropriate proceedings for the enhancement of the compensation, if so advised.

The personal appearance of the opposite parties is dispensed with.

(Ramesh Kumar Datta, J) S.Pandey/- U