Laxmi Narayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18944 of 2014 ====================================================== Laxmi Narayan Singh Son of Late Tapeshwar Singh Resident of 375, South Nehru Nagar, P.S.- Rajiv Nagar, Patna, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through Collector, Madhubani.

2. The District Land Acquisition Officer, Madhubani.

3. The Director (Land Acquisition), Department of Revenue and Land Reforms, Government of Bihar, Patna.

4. The National Highways Authority of India Ministry of Road Transport and Highways, G-5 & 6, Sector-10, Dwarka, New Delhi-110075. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramadhar Tiwari, Adv.

For the NHAI : Mr. S.N. Pathak, Adv. For the State :

Mr. Mujtabaul Haque, GP-12 Mr. Vasant Vikas, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 13-04-2018 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner has claimed that he has not been paid even the compensation amount of 3 decimal of land amounting Rs. 76,167/-. Apart from that, he is also entitled to the compensation amount of 38 decimal of land as the State has acquired 41 decimal of land. The statement of the petitioner is coroborated from the letter dated 21.8.2010 (Annexure-5) issued by the District Land Acquisition Officer, Madhubani as well as from the order of the Appellate Authority, Land Acquisition Directorate, Patna dated 5.2.2008 from where it is apparent that 41 decimal of land of the petitioner has been acquired. It has further been submitted by the learned counsel for the petitioner that

Patna High Court CWJC No.18944 of 2014 dt.13-04-2018 2/2 mischief has been played in inserting the name of certain imaginary persons in the column of beneficiaries for compensation deleting the name of the petitioner to be the person interested for compensation of the rest portion of the land. The petitioner has claimed that the proposed award for 3 decimal of land is very little to the land that has been acquired by the State. These are the issues cannot be decided in the writ jurisdiction, it requires full-fledged enquiry by producing oral and documentary evidences. As per petitioner, with respect to certain land, name of fake person has been recorded. This cannot be verified in the present writ application.

In that view of the matter, this writ application is disposed of with a direction to the competent authority to refer the matter to the Arbitrator who will be obliged to make necessary enquiry by examining oral and documentary evidences after giving due notice to the interested parties and will take a decision in accordance with law.

With the aforementioned observation and direction, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.04.2018 Transmission Date NA