Ramanuj Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.687 of 2018 ====================================================== 1.
Ramanuj Singh 2.
Mithlesh Kumar Singh Both Sons of Late Ram Kumar Singh 3.
Kamlesh Singh 4.
Ajay Kumar Singh Both Sons of Late Sampat Kumar Singh All Resident of VillageP.O. Babura, P.s. Barhara District-BVhojpur. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Revenue and Land Reforms Department, Government of BIhar, Patna.
3.
The Collector, Bhojpur, Ara.
4.
The D.C.L.R., Bhojpur, Ara.
5.
The District Land Acquisition Officer, Bhojpur, Ara. 6.
The Ciecle officer, Barahara, Bhojpur 7.
The Revenue Karamchari, Barahara,Bhojpur.
... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 1815 of 2018 ====================================================== 1.
Ramanuj Singh 2.
Mithlesh Kumar Singh Both Sons of Late Ram Kumar Singh 3.
Kamlesh Singh 4.
Ajay Kumar Singh Both Sons of Late Sampat Kumar Singh All residents of village P.O. Babura, P.S. Barhara, District Bhojpur. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The Collector, Bhojpur, Ara.
4.
The D.C.L.R., Bhojpur, Ara.
5.
The District Land Acquisition Officer, Bhojpur, Ara. 6.
The Circle Officer, Barahara, Bhojpur.
7.
The Revenue Karamchari, Barahara, Bhojpur.
Patna High Court CWJC No.687 of 2018(6) dt.18-07-2022 2/3 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Mishra For the Respondent/s :
Mr. Sajid Salim Khan, S.C.25 For the NHAI :
Mr. S.N. Pathak, S.C.
Mr. Saurav Nikunj ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-07-2022 Heard the parties.
The following prayer has been made in the writ petition:
I. A writ in the nature of mandamus or any other appropriate writ / order or direction for directing the respondents to pay compensation to the petitioners of their acquired land bearing Thana No. -98, Chadar No. 2, Khata No. 3169, Plot No. 2121 and 2122 area 22 decimal situated in village Babura, P.S. Barhara, District Bhojpur, which was acquired by the respondents for construction of road of Babura Doriganj road and bridge.
II. A writ in the nature of mandamus or any other appropriate writ/ order or direction/ directing the respondents to re-measure the acquired land of the petitioners for the purpose of payment of fair compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and resettlement Act, 2013, hereinafter referred as new Land Acquisition Act.
III. A writ in the nature of mandamus or any other appropriate writ / order or direction/directing the respondents to pay compensation to the petitioners for their acquired Land in terms of new Land Acquisition Act, which is 4 time of the market value of the acquired land.
IV. Any other appropriate writ/order or direction which your lordship may deem fit and proper."
Patna High Court CWJC No.687 of 2018(6) dt.18-07-2022 3/3 It has been submitted by learned counsel for the petitioners that the admitted amount may be paid by the Respondents for the land acquired and with regard to their disputed claim, the petitioners will take steps in accordance with law in a proper forum.
Learned counsel for the State has no objection to the submission of the petitioners.
Considering the submissions of the parties, this application is disposed of with a direction to the State to pay the compensation amount to the petitioners within eight weeks from today. Thereafter, the petitioners will have the liberty to move the appropriate forum for their claim which is not entertained by the State.
With the aforesaid observations and directions, this application is disposed of.
(Sandeep Kumar, J) Saif/- U