Rajnarayan Sah @ Raj Narayan Prasad v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10572 of 2024 ====================================================== Rajnarayan Sah @ Raj Narayan Prasad son of Ramwriksh Sah, resident of Village- Chandpur Chakraj, Police Station-Patori District - Samastipur. ... ... Petitioner/s

Versus

1.

The Union of India through Secretary, Ministry of Road Transport and Highways, Government of India, R.No. 310, Transport Bhawan-1, Parliament Street, New Delhi-110001.

2.

The State of Bihar, through Chief Secretary, Government of Bihar, Patna. 3.

The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

4.

The Additional Chief Secretary, Road Construction Department, Road Transport and Highways, Government of Bihar, Patna. 5.

The Chief Engineer, N.H. Wing (North), Patna. 6.

The District Magistrate, District-Samastipur. 7.

The Executive Engineer, Road Construction Department, (N.H. 122,B), N.H. Division, Bihar Sharif, Nalanda.

8.

The Executive Engineer, N.H. Division, Gulzarbagh, Patna. 9.

The District Land Acquisition Officer, District-Samastipur. 10.

The Sub-Divisional Officer, Patori, District-Samastipur. 11.

The Circle Officer, Patori, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar, Advocate For the Respondent/s :

Mr. Raghvendra Kumar, SC-22 Mr. Ram Tujabh Singh, CGC Ms. Radhika Raman, Sr. SGC ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-07-2024 Heard the parties.

2. The petitioner craves indulgence of this Court seeking direction upon the respondents to make suitable award for the land of the petitioner which has been demarcated appertaining to Khesra No. 657, Thana No. 214, Area 4.36

Patna High Court CWJC No.10572 of 2024(2) dt.16-07-2024 2/3 Decimals under N.H. 122B vide Map 4.36 Decimals demarcated in Revenue Village - Chandpur Chakraj under Patori SubDivision, District Samastipur.

3. Learned Advocate for the petitioner contended that pursuant to the notification published in the official Gazette on 18.02.2019 a land acquisition proceeding has been initiated for the purposes of construction of National Highway.

4. The respondent no. 6 issued notice to the petitioner under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 vide Notice No. 1152, dated 16.09.2022. However, despite the award of worth Rs. 41,78,337/- the petitioner has been paid only Rs. 5,11,000/-. Aggrieved, the petitioner represented before the respondent no. 6 but till date no decision has been taken.

5. Learned Advocate for the State as well as Union of India are present.

6. It is submitted by the answering respondents that since the matter is pending before the Land Acquisition Officer, he shall decide the representation of the petitioner; thus it would be proper to dispose of the writ petition.

7. In view of the submissions made at the Bar, the writ

Patna High Court CWJC No.10572 of 2024(2) dt.16-07-2024 3/3 petition stands disposed of directing the respondent no. 9, the District Land Acquisition Officer, Samastipur, to consider the representation of the petitioner and pass a final order preferably within a period of 12 weeks from the date of receipt/production of a copy of this order.

supratim/- (Harish Kumar, J) U