Uday Narayan Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19055 of 2015 ====================================================== Uday Narayan Singh Son of Late Ram Pukar Singh, Resident of VillageAakhodha, P.O.- Pilchchi, P.S.Circle- Daudnagar, District- Aurangabad Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Chief Engineer National Highway Authority, Government of Bihar, Patna.
3.
The Executive Engineer, National Highway Authority, Aurangabad, District Aurangabad Bihar.
4.
The District Magistrate, Aurangabad Bihar 5.
The Circle Officer, Daudnagar, Aurangabad, Bihar. 6.
The Land Acquisition Officer, Aurangabad, Bihar. 7.
The Deputy Collector, Land Reforms, Aurangabad, Bihar. 8.
The Union of India through its Secretary, National Highway Authority, Government of India, New Delhi 9.
The Project Director, National Highway Authority of India, Government of India, Varanashi, Uttar Pradesh ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Chandra Prasad Bharti, Advocate Mr. Randhir Kumar, Advocate For the State :
Mr. Dhurjati Kumar Prasad, GP-14 For the NHAI :
Mr. S.N. Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2024 The respondent-State has filed a supplementary counter affidavit on behalf of the respondents no. 4 to 7 in which it has been admitted that apart from the acquired 24 decimal land, further 0.962 decimal land of the petitioner has been unauthorisedly used for the purposes of
Patna High Court CWJC No.19055 of 2015(4) dt.03-07-2024 2/3 construction of drain, hence it is submitted by the Ld. Counsel for the respondents that compensation for the said area of land shall definitely be paid to the petitioner within a period of four weeks from today, in accordance with the prevailing law, i.e. under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and resettlement Act, 2013.
2.
It is further submitted by the learned counsel appearing for the respondent-State that the necessary fund is to be released by the authorities of the National Highway Authority of India, for the purposes of payment of appropriate compensation to the petitioner, to be fixed by the District Magistrate, Aurangabad and for that purpose the District Magistrate, Aurangabad be given liberty to take appropriate steps for realization of the same. Liberty, so sought, is granted.
3.
Having regard to the aforesaid fair stand taken by the respondent-State, I deem it fit and proper to direct the District Magistrate,
Patna High Court CWJC No.19055 of 2015(4) dt.03-07-2024 3/3 Aurangabad to make payment of the compensation amount, as aforesaid, within a period of four weeks from today, failing which he shall not draw his salary.
4.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) S.Sb/- U