Most. Husana Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19462 of 2013 ====================================================== Most. Husana Khatoon, W/O Late Abdul Sattar, Resident Of VilalgeJadopur, P.S.- Gowaseha Shekhpura, P.S.- Pandarak, Barh, District- Patna, Present Resident At A/95, Ali Nagar Colony, P.S.- Gardanibagh, P.O.- Anishabad, Patna- 800 002 .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Union of India through the Secretary Energy, New Delhi

3. The Secretary, Revenue and Land Reforms Department, Bihar, Patna

4. The Collector, Patna District, Patna

5. The District Land Acquisition Officer, Patna

6. The Chief General Manager, East Zone, N.T.P.C., Patna, Bihar

7. The General Manager, N.T.P.C., Barh, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent nos.1&3to5 : Mr. Krishna Chandra, AC to AG For the Respondent no.2 : Mrs. (Dr.) Poonam Kumari Singh, Adv. For the Respondent nos.6&7 : Mr.Anil Kumar Sinha, Adv. Mr.Shakib Ayaz, Adv.

Mr.Abhimanyu Deo, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-12-2015 Heard the parties.

In view of the nature of the claims/grievances raised on behalf of the petitioner in the present writ petition as also the averments made in the representation filed by her, as contained in Annexure-10 to the writ petition, this Court is of the opinion that interest of justice shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation with all supporting documents in respect of her claims of higher amount of compensation with respect to the lands acquired by the State of Bihar. It is ordered accordingly.

If such a comprehensive representation is filed on behalf of the petitioner within a period of one month from today

Patna High Court CWJC No.19462 of 2013 (3) dt.15-12-2015 with a certified copy of the present order as also with all the relevant materials, then the respondent District Collector, Patna either himself or any other competent authority of the respondent State shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to all concerned, preferably within a period of four months from the date of filing of such representation by the petitioner.

If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf of the petitioner for payment of higher amount of compensation or any other relief are admissible to her, then the consequential order shall also be issued for grant of such admissible claims without any unnecessary further delay.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the parties and it is left to be decided by the competent authority, as indicated above, strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

Arvind/- (Birendra Prasad Verma, J) U