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Patna High CourtCWJC/8950/2016disposed

Smt. Kiran Devi v. The State Of Bihar And ORS

2019-11-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8950 of 2016 ====================================================== Smt. Kiran Devi, W/o Sidheshwar Prasad, resident of Village- Sindhyara, P.S.- Madanpur, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat Building, Patna800015. 2.

The Director, Land Acquisition, Directorate Bihar, Patna. 3.

The District Collector, Patna, District- Patna. 4.

The District Land Acquisition Officer, Patna, District- Patna. 5.

The National Highay Authority of India through Chairman, Dwarka , New Delhi.

6.

The Project Director, National Highway Authority of India, P.I.U. Patna, Sri Krishnapuri, Patna.

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

For the Petitioner :

Mr. Ram Shankar Pradhan, Senior Advocate Mr. Ranjeet Chaubey, Advocate For the State :

Mr. H.S. Roy, A.C. to A.G.

For NHAI :

Mr. S.N. Pathak, S.C., NHAI ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-11-2019 Heard the learned counsel for the petitioner, learned counsel for the State as well as the learned counsel appearing on behalf of NHAI.

The petitioner seeks direction to the respondent authority to pay compensation for the acquisition of the land of the petitioner measuring 10 Dhurs, i.e., 1⁄2 Katha of Plot No.543, Khata No.49, situated in Village Nathupur, Phulwarisharif Anchal in the district of Patna.

The Land Acquisition Authority is present in Court. It

Patna High Court CWJC No.8950 of 2016(4) dt.18-11-2019 2/2 is admitted that the land is acquired for the purpose of construction of NH-30, Buxar-Patna. 66 decimals of land out of 139 decimals of land of Plot No.543 has been acquired. The land acquisition authority submits that the land of the petitioner is yet to be acquired as 13 decimals land fall short. The land acquisition authority is directed to get the entire acquired land of Plot No.543 measured and ascertain the purchased land of the petitioner measuring 1⁄2 Katha. If the land of the petitioner is acquired for the construction of NH-30 then compensation must be paid to the petitioner within six months. If the land of the petitioner is not acquired but possession has been taken, the authority is directed to handover the possession of the land to the petitioner within six months. With the aforesaid directions, the writ petition is disposed.

Personal appearance of the land acquisition authority is dispensed with.

(Prabhat Kumar Jha, J) S.KUMAR/- U