Bhikho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17076 of 2022 ====================================================== Bhikho Yadav S/o Bishundev Yadav R/v - Sakhawa, Anchal and P.S. - Bithan, District - Samastipur.

... ... 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 State :

Mr. Prabhakar Thakur, AC to GA-13 For the BSBCCL :

Mr. Vikas Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-09-2024 Heard Mr. Ajay Kumar, learned counsel for the petitioner, Mr. Vikas Kumar, learned counsel for the Bihar State Bridge Construction Corporation Limited and Mr. Prabhakar Thakur, learned counsel appearing on behalf of the State.

2. Learned counsel for the State as well as the Bihar State Bridge Construction Corporation Limited submits that the petitioner may approach before the competent authority as prescribed under Section 64 of the Right to Fair Compensation

Patna High Court CWJC No.17076 of 2022(3) dt.02-09-2024 2/2 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, petitioner is 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 petitioner approaches 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 petitioner 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.

5. Accordingly, the writ petition stands disposed of with the aforesaid direction.

(Rajesh Kumar Verma, J) ajay/- U