Tek Narayan Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16381 of 2022 ====================================================== Tek Narayan Mukhiya S/o Late Mahabir Mukhiya, R/V- Sakhawa, Anchal and P.S.- Bithan, District- Samastipur.
... ... Petitioner
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, Bihar State Bridge Construction Corporation Limited, 7 Sardar Patel Marg, Patna.
6.
The Secretary, Bihar State Bridge Construction Corporation Limited, 7 Sardar Patel Marg, Patna.
7.
The Senior Project Engineer, Bihar State Bridge Construction Corporation Limited, Work Division, Darbhanga.
... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar, Advocate For the BRPNNL :
Mr. Vikas Kumar, Advocate For the State :
Mr. Manoj Kumar Ambastha ( Sc 26 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-08-2024 Heard the learned counsel for the petitioner, the learned counsel appearing on behalf of Bihar Rajya Pul Nirman Nigam Limited and the learned counsel appearing on behalf of the State.
2.
Learned counsel for the respondents has taken a reasonable objection that the petitioner may approach before the competent authority as prescribed under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition,
Patna High Court CWJC No.16381 of 2022(4) dt.27-08-2024 2/2 Rehabilitation and Resettlement Act, 2013.
3.
In view of the aforesaid, petitioner is directed to approach the concerned Collector 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 petitioner approaches the concerned Collector, the Collector shall refer the matter to the appropriate authority within a period prescribed under Section 64 of the aforesaid Act and the Land Acquisition, Rehabilitation and Resettlement Authority of the concerned District is directed to consider the case of the petitioner on its own merit and pass a reasoned order in accordance with law after hearing all the concerned parties and dispose of the application of the petitioner within a period of six months from the date of reference made by the competent authority.
5.
Accordingly, with the aforesaid direction, the writ petition stands disposed of.
(Rajesh Kumar Verma, J) Shahnawaz/- U