Rani Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4821 of 2017 ====================================================== Rani Singh W/o Late Satyendra Prasad Singh, resident of village - Kurkuri, P.S. Phulwarisharif, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

District Magistrate/Collector, Patna 3.

District Land Acquisition Officer, Patna 4.

Additional Collector Cum - Arbitrator, Patna 5.

Registrar, District Registration Officer, Patna 6.

National Highway Authority of India through its Managing Director, New Delhi 7.

Regional Director, National High Way authority of India, Bihar, Patna 8.

Union of India, through its Secretary, Ministry of Road Transport and Raj Marge, New Delhi 9.

Deputy Secretary, Ministry of Road, Transport and Raj Marge, New Delhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Sinha, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-09-2025 Heard Mr. Deepak Kumar Sinha, learned counsel for the petitioner duly assisted by Ms. Sukanya Bharti for the petitioner and Mr. Raj Kishore Roy, learned GP-18.

2. The present writ petition has been preferred for the following relief(s):

(i) to command and direct the respondents for payment of compensation amount related to land of petitioner acquired by the Respondent No.8 and 9 for the purpose of construction of National High way i.e. NH 30 and 84 as well as solicium amount which was awarded by District Land Acquisitioned officer less amount i.e. 30% instead of 60% against the land acquisition act 2007 because

Patna High Court CWJC No.4821 of 2017(2) dt.01-09-2025 2/3 he is voluntarily ready to give that land to the Govt for the purpose given above and compensation amount on the basis of Agricultural land instead of commercial /Residential land /on the basis of present market value;

(ii) to further command and direct the respondent to increase the award of Petitioner on the basis of commercial/ Residential land and solacium amount i.e. 60% amount instead of order passed by Land Acquisition Officer Patna in L.A.No.60/201213 relates to land of Petitioner on 19.06.2013 for the purpose mentioned above i.e. Mouza Phulwari Thana No.35, Khata No.452 Khesra No. 3031, Area- 0.489456, Acre though less calculated amount of compensation was paid to the petitioner in the year 2015;

(iii) to further direct the respondents that less compensation amount which was paid to the petitioner in the year May 2015, be as per the nature of land i.e.

residential/commercial and on the basis of "right to fair compensation and Transparency in land Acquisition Re- habitation and Resettlement Act 2013 and compensation amount may fixed on the basis of present market value as a residential/commercial as rate fixed by the district registration office Patna.

3. The matter relates to acquisition of land for construction of Patna-Buxar section and the petitioner's land was

Patna High Court CWJC No.4821 of 2017(2) dt.01-09-2025 3/3 at Phulwari Mauja under Thana No. 35 in the district of Patna. The counter affidavit of the District Land Acquisition Officer, Patna shows that Rs. 1,87,28,070/- has been cleared in favour of the petitioner on 23.05.2015.

4. Learned counsel for the petitioner submits that he still has some grievance for which he shall be approaching the appropriate authority/Court.

5. Learned State Counsel submits that such liberty is always there with the petitioner.

6. Considering the aforesaid facts as also the materials that has come on record, the Court deems it proper to dispose it of though granting liberty to the petitioner to approach the appropriate authority/Court for the redressal of the grievance.

7. The writ petition stands disposed of.

8. Needless to add, if such petition is filed in next four weeks, the authority/Court shall see to it that the matter was pending before the Court for last eight years while dealing with the limitation petition.

(Rajiv Roy, J) Vijay Singh/- U