Uma Kant Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15891 of 2022 ====================================================== 1.
Uma Kant Sharma S/O- Late Lal Keshwar Sharma R/V- Sakhawa, Anchal and P.S.- Bithan, District- Samastipur.
2.
Jai Kant Sharma S/O- Late Lal Keshwar Sharma R/V- Sakhawa, Anchal and P.S.- Bithan, District- Samastipur.
3.
Most. Karo Devi W/O- Late Bishudev Sharma, Daughter in law of Late Lal Keshwar Sharma R/V- Sakhawa, Anchal and P.S.- Bithan, DistrictSamastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Addl. Chief Secretary, Road Construction Department Bihar, Patna.
2.
The Collector, Samastipur.
3.
The District Land Acquisition Officer, Samastipur. 4.
The Bihar State Bridge Construction Corporation Limited, 7 Sardar Patel Marg, Patna through its Chairman.
5.
The Chairman, The Bihar State Bridge Construction Corporation Limited, 7 Sardar Patel Marg, Patna.
6.
The Secretary, The Bihar State Bridge Construction Corporation Limited, 7 Sardar Patel Marg, Patna.
7.
The Senior Project Engineer, The Bihar State Bridge Construction Corporation Limited, Work Division, Darbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the Respondent/s :
Mr. Uday Shankar Sharan Singh, GP-19 For the BSBCCL :
Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-09-2024 Heard Ajay Kumar, learned counsel for the petitioners, Mr. Uday Shankar Sharan Singh, learned GP-19 for the State as well as Md. Nadim Seraj, learned counsel appearing on behalf of the Bihar State Bridge Construction Corporation Limited.
Patna High Court CWJC No.15891 of 2022(4) dt.23-09-2024 2/3
2. Learned counsel for the State as well as the Bihar State Bridge Construction Corporation Limited submits that the petitioners may approach before the competent authority as prescribed under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the L.A.R.R.A').
3. In view of the stand taken by the respondents, petitioners are directed to approach the respondent no.2 (The Collector, Samastipur) within a period of four weeks under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
4. If the petitioners approach before the respondent no.2 within the aforesaid period, the respondent no.2 (The Collector, Samastipur) is directed to refer the matter to the appropriate authority within the period as prescribed under Section 64 of the aforesaid Act and 'the L.A.R.R.A.' of the concerned district is directed to consider the case of the petitioners on its own merit and pass a reasoned order in accordance with law after hearing all the concerned parties within a period of six months from the date of reference made by the competent authority.
Patna High Court CWJC No.15891 of 2022(4) dt.23-09-2024 3/3
5. Accordingly, the writ petition stands disposed of with the aforesaid direction.
(Rajesh Kumar Verma, J) ajay/- U