Badlu Muhkiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14623 of 2025 ====================================================== 1.

Badlu Muhkiya, Son of Late Parmeshwar Mukhiya 2.

Ganesh Mukhiya, Son of Parmeshwar Mukhiya 3.

Sangita Devi, Wife of Late Lalit Mukhiya All are Resident of village and P.O.- Kothra, P.S.- Baheri, DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Land and Revenue, Old Secretariat, Govt. of Bihar, Patna.

3.

The Principal Secretary, (Now known as Additional Chief Secretary) Department of Irrigation, Government of Bihar, Patna. 4.

The Commissioner, Darbhanga Division, Darbhanga. 5.

The Collector, Darbhanga.

6.

The Collector, Samastipur.

7.

The Executive Engineer, Flood Control Division, Hathauri Division, Hayaghat, Darbhanga.

8.

The Executive Engineer, Water Road Jalpath Shivir, Jitwarpur, O.P. Jitwarpur, Near Jitwarpur Power House, District- Samastipur, PIN- 848134. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ugranath Mallik, Adv.

For the State :

Mr. Anil Kumar Singh, GP-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-09-2025 The instant application has been filed under Article 226 of the Constitution of India by the petitioners seeking the following relief(s):

"(i) For directing/commanding the respondents authorities to pay the compensation to the petitioners as per Fare Compensation and Transparency in the Land Acquisition Rehabilitation and Resettlement Act, 2013 and also

Patna High Court CWJC No.14623 of 2025(2) dt.16-09-2025 2/3 as per Bihar Raiyati Land lease Policy, 2014 on the basis of enquiry report/final valuation by which the Committee recommended the compensation (Anne-)which had been acquired for strengthen and to raise the height of bank situated in Hayaghat Karachin in the Project of Baghmati Flood Management Scheme, Phase IIIA and also issued a direction to pay statutory interest to the petitioners from the realization of money to the payment of final settlement.

(ii) To pay the compensation to the petitioners as per payment of Bharatmala 527E Project which has been acquired in the same year by the Government of India and pay the compensation @ Rs. 70,000/- per decimal.

(iii) To pay the litigation cost to the petitioners. (iv) And any others releif/reliefs by which the petitioners may be entitled to be paid.

2. Mr. Ugranath Mallik, learned counsel appearing for the petitioners submits that the land in question detailed in paragraph no. 4 of the petition has been acquired by Executive Engineer, Flood Control Division, Hathouri for strengthening the height of bank situated in Hayaghat block under the Bagmati Flood Management Scheme Phase III A (Barh Prabandhan Yojana Phase III A) and the valuation of the petitioners' land was assessed vide Annexure P/7 in which the final value of their land was given as Rs. 28,62,000/- but petitioners have been paid compensation of Rs. 5,94,000/- only. It is further submitted that

Patna High Court CWJC No.14623 of 2025(2) dt.16-09-2025 3/3 for the redressal of the said grievance the petitioners have filed an application before the District Land Acquisition Officer, Samastipur vide Annexure P/8 but no action has been taken to redress the petitioners' grievance with regard to the payment of less compensation.

3. After hearing both the sides and having perused the relevant annexures annexed to the petition and considering the averments made therein, the District Land Acquisition Officer, Samastipur, is hereby directed to look into the petitioners' grievance raised by them through Annexure-P/8 and take necessary steps to redress the petitioners' grievance at the earliest, preferably within four weeks from the date of receipt or production of this order's copy.

4. Accordingly, with above direction the instant writ petition stands disposed of.

(Shailendra Singh, J) Rajiv/- U