Kalawati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16756 of 2016 ====================================================== Kalawati Devi, W/o Suraj Bali Singh, resident of Village- Sawnhi Patti, TolaBairagia, P.S.- Fulwaria, Dist- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar. 2.

The Union of India, through the Secretary, Railway Department, Govt. of India, New Delhi.

3.

The General Manager, North East Railway, Gorakhpur, Uttar Pradesh. 4.

The D.R.M., Baranasi, Uttar Pradesh.

5.

The D.M. Gopalganj, Dist- Gopalganj.

6.

The District Land Acquisition Officer, Gopalganj. 7.

The Circle Officer (C.O.) Fulwari Block, Dist- Gopalganj. 8.

Jamuna Bhagat, S/o Late Madan Bhagat, resident of Vill.- Mala Chak, P.S.- Kuchaikot, Dist- Gopalganj, At present Residing at Vill- Sawnhi Patti, TolaBairagia, P.S.- Fulwaria, Dist- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar, Advocate For the State :

Mr. Sajid Salim Khan, SC-25 For the Railways :

Mr. Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-12-2019 Heard learned counsel for the petitioner; learned SC 25 for the State and learned counsel for the Railways.

2. The petitioner has moved the Court for payment of entire compensation award amount for acquisition of his land for the Railways.

3. Learned counsel for the State submitted that since the petitioner has moved an application before the District Magistrate, Gopalganj, seeking enhancement, the same has now

Patna High Court CWJC No.16756 of 2016 dt.21-12-2019 2/2 to be referred to the competent authority on which he does not have any instructions.

4. Learned counsel for the petitioner submitted that the said issue is not relevant in the present case as even the admitted award amount has not been paid.

5. At this juncture, learned counsel for the State fairly submitted that the award amount, as already decided by the competent authorities, shall be paid to the petitioner within three weeks.

6. Having regard to the aforesaid the writ application stands disposed off with a direction to the respondents no. 5 and 6 to ensure that full compensation award amount, as prepared by the authorities, is paid to the petitioner, if already not done, within three weeks from the date of production of a copy of this order before them. With regard to the issue of enhancement, the petitioner's right would not be prejudiced because of her receiving the original compensation amount.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T