Mintu Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16342 of 2022 ====================================================== Mintu Kumar Pandey Son of Sachidanand Pandey, Resident of VillageBabhangawa Banglapar, P.O. Madhopur, Panapur Taufir, P.S. Akilpur, District- Patna. At Present resident of Village- Mahammadpur (Korjee), P.S.- Phulwarisharif, P.O.- Mahamadpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Patna. 2.

The District Magistrate, Patna.

3.

The Deputy Collector Land Reforms, Patna.

4.

The Land Acquisition Officer, Patna.

5.

The Circle Officer, Phulwarisharif, Patna.

6.

The Divisional Railway Manager, Danapur, Patna. 7.

The Station Master, Danapur Railway Station, Danapur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Singh, Advocate For the State :

Mr. Rishi Raj Sinha ( Sc 19 ) Mr. Saurabh Kumar, AC to SC 19 For the U.O.I.

:

Mr. A.K. Pandey, SCGC Mr. R.K. Sharma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the parties.

2. The petitioner has a grievance that for the purpose of construction of Naura-Daniyama Bari Rail Line, the petitioner's land admeasuring 0.70 decimal of Khata no. 52, bearing Plot No. 1102 has been acquired by the District Land Acquisition Officer, Patna. However, the respondents have taken possession of 0.80 decimal as against 0.70 decimal of land and they are not making payment of additional compensation against

Patna High Court CWJC No.16342 of 2022(3) dt.16-05-2023 2/2 illegal acquisition of excess land admeasuring 0.10 decimal.

3. Learned counsel for the petitioner has submitted that though the petitioner approached the District Magistrate for payment of additional compensation, no step has so far been taken.

4. In the facts and circumstances of the present case, this application is disposed of with an observation that the petitioner shall be at liberty to approach the District Land Acquisition Officer, Patna claiming the additional compensation as is being claimed by filing the present writ application. He shall also be at liberty to take recourse to any other statutory provision for payment of compensation. If the petitioner makes a representation within three weeks from today, the District Land Acquisition Officer, Patna shall be required to consider the petitioner's claim and proceed in accordance with law. (Chakradhari Sharan Singh, J) Rajesh/Sachin/- U