Rita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18973 of 2015 ====================================================== Rita Devi wife of Late Arbind Kumar Singh, Resident of Village- Basantpur, Post Office and Police Station- Pirpainty, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Director, Land Acquisition, Govt. of Bihar, Patna. 4.

The Collector, Bhagalpur.

5.

The Land Acquisition Officer, Bhagalpur.

6.

The NTPC Ltd. through its Chairman-cum-Managing Director, NTPC Bhawan, SCOPE Complex, Institutional 7.

The Kahalgaon Super Thermal Power Project through its General Manager, NTPC Kahalgaon, District- Bhagalpur.

8.

The Arbitrator-cum-Divisional Commissioner, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Masleh-Uddin Ashraf, Sr. Advocate For the State :

Mr. Sarvesh Kumar Singh, AAG-13 Mrs. Sunita Kumari, AC to AAG-13 For the NTPC :

Mr. Amaresh Kumar Sinha, Advocate Mr. Vaibhav Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-08-2025 Heard Mr. S.M. Ashraf, learned Senior counsel for the petitioner and the State.

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

"for the issuance of a writ of mandamus to pay compensation to the petitioner in accordance with the rate to be determined under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter be called, 'the new Act') and not in terms of the Land Acquisition Act, 1894

Patna High Court CWJC No.18973 of 2015(3) dt.30-08-2025 2/2 (hereinafter to be called, 'the old Act')."

3. Learned counsel for the petitioner submits that though he has been provided the entire compensation, it has been bifurcated, earlier it was paid only 80% and later 20%.

4. The limited claim is that the 20% amount that has been paid, was done under the old Act whereas other similar situate persons had been provided compensation at the rate of new Act.

5. Learned State counsel submits that in that case, the remedy lies before the Arbitrator-cum-Divisional Commissioner, Bhagalpur Division, Bhagalpur.

6. In that background, learned counsel for the petitioner submits that he shall be presenting a proper petition before the competent authority in next four weeks.

7. If such petition has been preferred in next four weeks, the same shall be taken to its logical conclusion after hearing all the parties preferably by 31.01.2026.

8. The writ petition stands disposed of with aforesaid observation.

(Rajiv Roy, J) Adnan/- U