Nurul Islam v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16304 of 2019 ====================================================== Nurul Islam Son of Rustum Ali, Resident of Village- Dhantola MO, P.S.- Mahamari, District- Kishanganj.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Department of Home affairs, Government of India, New Delhi.

2.

The State of Bihar through the District Magistrate, Kishanganj. 3.

The District Land Acquisition Officer, Kishanganj. 4.

The Block Development Officer, Dhighal Bank, Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the State :

Mr.Prabhat Kumar Verma, AAG 3 Miss Divya Verma, AC to AAG 3 For the UOI Mr. S.D. Sanjay, Addl. S.G.

Mrs. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 26-08-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been brought raising a grievance that the establishment of Sashastra Seema Bal (SSB) Camp should not be established on the plot of Mauza Panch Gacchi, Thana-311, Chak Khesra Nos.660, 1, 8, 199 and 1005, District Kishanganj and submitting that the alternative land, appertaining to Khata no.28 Khesra nos.5, 37, 42, 09, 16, 35, 66, 83, 62 and 59 of the same dimension, is available and both the

Patna High Court CWJC No.16304 of 2019(2) dt.26-08-2019 2/2 lands are the government land. The proposed land is within the village and villagers are utilising the same for different purposes, whereas the alternative site is outside village. The proposed land has been chosen by the expert, who is the best person to choose the land for the establishment of police station or military camp. This Court does not have an expertise in that field to choose the suitable land for the establishment of military camp and reliance can be placed on the judgment reported in (1993) 4 SCC 357, Union of India and others vs. S.L. Abbas and A.I.R. 1988 S.C. 1681, J.R. Raghupathy etc. vs. State of A.P. and others.

3. If the petitioner has any grievance, he may approach to the appropriate authority, who will look into the matter and decide the same in accordance with law.

4. With the above observation and direction, this application is disposed of.

(Shivaji Pandey, J) (Partha Sarthy, J) Mahesh/- U