Ram Lakhan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.166 of 2018 ====================================================== Ram Lakhan Singh Son of Late Bajrangi Singh, Resident of Village- Janpara, P.S. Rani Talab Kanpa, District- Patna.

... ... Petitioner

Versus

1.

The State of Bihar 2.

The Principal Secretary, Water Resource Department, Government of Bihar, Patna.

3.

The Director, Land Acquisition and Rehabilitation, Water Resource Department, Government of Bihar, 4.

The District Collector, Patna.

5.

The Special Land Acquisition Officer, Anisabad, Patna. 6.

The Chief Engineer, Department of Irrigation Flood Control Division, Dehri. 7.

The Chief Engineer, Floor Control, Patna.

8.

The Executive Engineer, Sone Canal Division, Khagaul. 9.

The Executive Engineer, Sone Flood Control Division, Khagaul. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Krishna Chandra, Advocate For the Respondents :

Mr. Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-07-2022 Heard learned counsel for the parties.

In this writ petition, the petitioner is seeking direction to the respondents to make payment of compensation in terms of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the land of the petitioner which has been acquired for the purposes of construction and extension of Dhana Parev channel within the district of Patna as intimation with respect to the award and compensation was

Patna High Court CWJC No.166 of 2018(3) dt.05-07-2022 2/2 made available through the notice under Section 12(2) of the Land Acquisition Act, 1894 after commencement of the New Land Acquisition Act, 2013.

In this case, a counter affidavit has been filed by the State and in paragraph no.8 of the said counter affidavit, it has been specifically averred as follows:- "8. That it is submitted and stated that since in aforesaid land acquisition proceeding the number of land holders who received compensation till 31.12.2013 was less than 50%, fresh award of Rs.09,09,91,176/- was declared on 05.02.2018 as per provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and most of the awardees including the petitioner has received payment after issuance of notice under Section 37(2) of the Act."

In view of aforesaid statement made by the respondents in the counter affidavit, this writ petition stands disposed of. However, if the petitioner says otherwise then it will be open to him to file a contempt application in the matter. (Sandeep Kumar, J) pawan/- U