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Patna High CourtCWJC/11290/2023disposed

Suma Kumari v. The State Of Bihar

2024-04-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11290 of 2023 ====================================================== Suma Kumari W/o Radhe Shayam Sharma Resident of West Nutan Nagar, Vidyarthi, Chemistry Classes, Near P.N.B. Bank, Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Patna.

2.

The Commissioner, Magadh Division, Gaya, Bihar. 3.

The District Magistrate, Gaya, Bihar.

4.

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

5.

The District Land Acquisition Officer, Gaya, Bihar. 6.

The National Highway Authority of India through its General Manager, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ankit Katriar, Adv.

For the Respondent/s :

Mr. Mahendra Pd. Verma, (AC to SC-20) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-04-2024 Heard the parties.

2. The present writ application has been filed for the following relief(s):- (i) For issuance of a writ in the nature of a writ of a mandamus or any other appropriate writ / order / direction for directing the respondent authorities to provide adequate compensation to the petitioner in lieu of the acquisition of 22.70 decimals of her land (out of a total of 33% decimals) situated in R.S. plot no. 402 under R.S. khata no. 60 at village

Patna High Court CWJC No.11290 of 2023(2) dt.19-04-2024 2/3 Rishoudh, P.S. Belaganj, district-Gaya, which the Central Government has acquired for widening of NH-83 (PatnaGaya - Dobhi Road).

3. The construction/widening of NH-83 (Patna-GayaDobhi Road) is one of the example, how the construction work of such an important road which connects Patna to Bodh Gaya could not be completed, even after passing of a decade. It has to be noted that at the same time, almost 1000 kms stretch between Greater Noida to Hyderia (Uttar Pradesh) near Buxar got connected through a newly laid National Highway, whereas in this case, the claimants are still moving from pillar to post for getting their compensation paid as their land has been taken for the said construction. This case is classic example of how delay can be made as the case of the petitioner is that despite preferring petition before the District Land Acquisition Officer, Gaya (respondent no. 5) on 23.04.2018, the same has still not been disposed of.

4. Learned counsel for the State submits that a perusal of the petition/representation would show that the supportive details has/have not been attached with it and the same may be the reason, if the representation of the petitioner has still not been disposed of.

Patna High Court CWJC No.11290 of 2023(2) dt.19-04-2024 3/3

5. In that background, learned counsel for the petitioner submits that a proper representation with all the supportive documents shall be filed before the concerned respondent within a period of four weeks from today. If such petition is preferred, taking into account the fact that already the construction of Patna-Gaya-Dobhi Road has been delayed, the same shall be expedited and decision to be taken within a period of four months from the date, the representation is preferred.

6. Accordingly, the present writ application stands disposed of.

(Rajiv Roy, J) sadique/- U