Tripurari Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13519 of 2022 ====================================================== Tripurari Prasad Singh son of Late Yamuna Prasad Singh, resident of VillageJaitpur, Police Station- Barahiya, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

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

2.

The Chief Engineer, Road Construction Department, Government of Bihar, Vishwaraiya Bhawan, Bailey Road, Patna.

3.

The Collector/ District Magistrate, Lakhisarai. 4.

The District Land Acquisition Officer, Lakhisarai. 5.

The Executive Engineer, Road Construction Department, Road Construction Division, Lakhisarai.

6.

The Circle Officer, Barahiya, Lakhisarai.

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

For the Petitioner/s :

Mr.Rajesh Mohan For the Respondent/s :

Mr.Manoj Kr. Ambastha (Sc26) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-01-2023 The grievance of the petitioner is that adequate compensation for the land acquired for the purpose of construction of road by the respondent-authorities has not been paid to him and only a sum of Rs. 20,18,803/- has been paid instead of Rs. 2 Crore and odd as assessed by the petitioner. Learned counsel for the petitioner submits that the land upon which the respondent - State has constructed the road was a commercial land as would be evident from the M.V.R. and the sale deed, which has been executed by the petitioner in favour of the purchasers.

Patna High Court CWJC No.13519 of 2022(6) dt.17-01-2023 2/2 Be that as it may, under Section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement has to establish, by notification, one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" (in short "L.A.R.R.A."). Learned counsel for the State submits that L.A.R.R.A. has been constituted and has been functioning. In view of the same, learned counsel for the petitioner seeks permission to withdraw this application with liberty to file his claim before the L.A.R.R.A. within two weeks. Permission is granted.

This writ application is disposed of as withdrawn with liberty to the petitioner to approach L.A.R.R.A. and if the claim is filed by the petitioner, the L.A.R.R.A. shall dispose the same within a period of six months from the date of filing of the claim application.

(Anil Kumar Sinha, J) praful/- U