Patna High CourtCWJC/18400/2023disposed

Sanjeev Kumar Alias Sanjeev Ranjan Kumar v. The State Of Bihar

2025-04-10Mr. Justice Satyavrat Verma10 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18400 of 2023 1.

Sanjeev Kumar alias Sanjeev Ranjan Kumar Son of Chandra Bhushan Prasad, Malahi Pakri, Sampatchak, Lohia Nagar, District - Patna - 800020 (Bihar).

Ranjeet Ranjan Kumar @ Ranjeet Ranjan, Son of Chandra Bhushan Prasad, Resident of K.P 70-B, Lohiya Nagar, P.S. - Kankerbagh, District - Patna. 3.

Preeti Raj Ranjan, Wife of Manoj Kumar, Resident of Malahi Pakri, Sampatchak, Lohia Nagar, Patna - 800020 (Bihar). 4.

Sweta Ranjan, Wife of Pankaj Kumar, Resident of Minapur Hajipur, District - Vaishali - 844101 (Bihar).

Supriya Sinha, Wife of Adwitiya Kumar Sinha, Resident of Rampur, Mathurapur, Kahalgoan, District - Bhagalpur - 813222 (Bihar). 6.

Sanjay Kumar, Son of Late - Ram Udit Singh, Resident of - Manwara, Ilmas Nagar, District- Samastipur - 848117 (Bihar). 7.

Arvind Kumar, Son of - Mahendra Prasad Verma, Resident of - Bhabha Colony near Prabha Twin Tower, Kankarbagh, Sampat Chak, Patna - 800020 (Bihar).

Vinita Kumari, Wife of - Amrendra Kumar, Resident of - Amraura, P.S.- Chandi, District - Nalanda - 801307 (Bihar).

Mukesh Kumar, Son of Hari Nandan Prasad, resident of - Bhobhi, P.S. - Nausa, P.O.- Bhabhi, District- Nalanda - 801302. ... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, at Patna.

Urban Development and Housing Department, Govt. of Bihar, Patna through the Principal Secretary, District- Patna.

Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

Commissioner, Patna Division, District- Patna. 5.

District Magistrate-cum-Collector, Patna.

District Land Acquisition Officer, Patna, District- Patna. 7.

Circle Officer, Sadar, District- Patna.

Patna Municipal Corporation through the Commissioner, District - Patna. 9.

Commissioner, Patna Municipal Corporation, District- Patna. 10.

Patna Metro Rail Corporation Ltd., through the Managing Director, Address - Indira Bhawan 7th Floor, Bailey Road, Patna - 800001. 11.

Managing Director, Patna Metro Rail Corporation Ltd., Indira Bhawan 7th Floor, Bailey Road, Patna - 800001.

12.

Delhi Metro Rail Corporation Limited through the Project Director, Address - Sai Corporate Park Vashishth, Adash Vihar Colony, Rukanpura, Patna,

2/10 Bihar - Pin - 800014.

13.

Project Director, Delhi Metro Rail Corporation Limited, Address- Sai Corporate Park Vashishth, Adarsh Vihar Colony, Rukanpura, Patna, Bihar - Pin - 800014.

14.

Director (Work) Project Patna Metro Rail Corporation Ltd, Indira Bhawan 7th floor, Bailey Road Patna - 800001.

15.

Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, through the Project Driector, Bihar, at Patna. 16.

National Mission for Clean Ganga, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, through Project Director, Vikash Bhawan Bailey Road, Patna, Bihar - 800001. 17.

Archaeological Survey of India through Regional Director, Patna Circle, 'Puratattwa Bhawan', J.C. Road, Anta Ghat, Patna - 800001. 18.

Regional Director, Patna Circle, Archaeological Survey of India, Patna. ... ... Respondent/s with Civil Writ Jurisdiction Case No. 16781 of 2022 1.

Anup Kishore S/o- Shyam Kishore Yadav R/o- Village- Bari Pahadi, P.O.- Gulzarbag, P.S.- Agamkuan, Patna, Bihar- 800007. 2.

Rajrani Devi, W/o- Ramdhani Prasad Singh R/o- Nalanda Colony, Agamkuan, Gulzarbagh, Patna, Bihar- 800007.

Nand Kishore Singh, S/o- Kailash Singh R/o- Village- Kurauni, P.O.- Kalari, P.S.- Korma, Katari, Sheikhpura, Katari, Bihar- 811102. 4.

Ranjita Kumari, D/o- Shailendra Kumar R/o- Station Road, Hilsa, Nalanda, Bihar- 801302.

Kusumata Kumari, W/o- Prem Prakash R/o- Braham Sthan, Nalanda, Bhokila, Nalanda, Bihar- 801302.

Shiyamani Devi W/o- Madan Sharma R/o- Rampur, P.S.- Ghoshi, Lakhawar, Jehanabad, Lakhawar Ed, Bihar- 804434.

Rakesh Kumar, S/o- Late Kanhai Lal Yadav R/o- Pathrighat, Tripolis, Gulzarbagh, Patna, Bihar- 800007.

Jitendra Kumar, S/o- Late Kanhai Lal Yadav R/o- Pathrighat, Tripolis, Gulzarbagh, Patna, Bihar- 800007.

Parasnath Yadav, S/o- Janak Prasad Yadav Pathrighat, Tripoliya, Patna Sadar, Jujharpur, Patna, Bihar- 800007.

10.

Yashwant Kumar, S/o- Rajendra Prasad Yadav R/o- Pipaltal, Hanuman Mandir, Tripoliya, Pathrighat, Patna Sadar, Gulzarbagh, Patna, - 800007. ... ... Petitioner/s

Versus

The State of Bihar Through the Chief Secretary, Government of Bihar, at Patna.

Urban Development and Housing Department, Govt. of Bihar, Patna through the Principal Secretary, District- Patna.

3/10 3.

Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

Commissioner, Patna Division, District- Patna. 5.

District Magistrate-cum- Collector, Patna.

District Land Acquisition Officer, Patna, District- Patna. 7.

Circle Officer, Sadar, District- Patna.

Patna Municipal Corporation Through the Commissioner, District- Patna. 9.

Commissioner, Patna Municipal Corporation, District- Patna. 10.

Chief Managing Director, Patna Metro Rail Corporation Ltd., Indira Bhawan 7th Floor, Bailey Road, Patna- 800001.

11.

Director (Work) Project Patna Metro Rail Corporation Ltd., Indira Bhawan 7th Floor, Bailey Road, Patna- 800001.

12.

Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, through the Project Director, Bihar at Patna. 13.

National Mission for Clean Ganga, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, through the Project Director, Vikash Bhawan Bailey Road, Patna, Bihar- 800001. 14.

Bihar State Pollution Control Board, Patna Bihar, through its Principal Secretary, Bihar at Patna.

15.

Principal Secretary, Bihar State Pollution Control Board, Bihar at Patna. 16.

Archaeological Survey of India, through Regional Director, Patna Circle, Puratattwa Bhawan, J.C. Road, Anta Ghat, Patna- 800001. 17.

Regional Director, Patna Circle, Archaeological Survey of India, Patna. ... ... Respondent/s with Civil Writ Jurisdiction Case No. 14888 of 2023 1.

Manorma Sinha Wife of Bhupendra Kumar Resident of - Manorma Mansion, Sabri Nagar, Near Model St. Michaels High School, Rupaspur, P.O-Sahay Nagar, Dhanaut, Patna, Bihar-801506. 2.

Chhaya Rani, Wife of - Anuj Kumar Resident of- Husena, Sarmera, Nalanda, Bihar, 811104.

Sharmila Kumari, Wife of - late Dwarika Prasad Singh, Resident of - 95, Near Vatika Lane, L.P. Sahi College, Ramkrishna Nagar East, Sampatchak, Patna, Bihar-800027.

Nitu Kumari Wife of Rasbihari Kumar Resident of Poari, Harnaut, Nalanda, Bihar, 803110.

Anita Kumari alias Anita Kumari Sahu Wife of- Dev Narayan Shah, Resident of -Ward No. 20 Ratanpur, Begusarai, Bihar-851101. 6.

Dev Narayan Shah S/o- Late Ram Hridaya Shah Resident of- Khaira Samastipur, Bihar- 848131.

Sunaina Devi W/o- Rajeshwar Prasad Resident of- Block- 5 Patna, B.H.

4/10 Colony, Patna, Bihar-800026.

Soni Kumari Resident of - 26, Gaura Garh Bihar Nalanda, Bihar- 803101. 9.

Simpi Kumari C/o Satish Kumar Resident of Noma, Halsi, Noma, Lakhisarai, Bihar-811315.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, at Patna.

Urban Development and Housing Department, Govt. of Bihar, Patna through the Principal Secretary, District-Patna 3.

Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

Commissioner, Patna Division, District-Patna. 5.

District Magistrate-cum-Collector, Patna.

District Land Acquisition Officer, Patna, District-Patna 7.

Circle Officer, Sadar, District-Patna.

Patna Municipal Corporation through the Commissioner, District-Patna. 9.

Commissioner, Patna Municipal Corporation, Distri Patna. 10.

Patna Metro Rail Corporation Ltd, through the Managing Director, AddressIndira Bhawan 7th Floor, Bailey Road, Patna 800001 11.

Managing Director, Patna Metro Rail Corporation Ltd, Indira Bhawan 7th Floor, Bailey Road, Patna - 800001 12.

Delhi Metro Rail Corporation Limited through the Project Director, Address-Sai Corporate Park Vashishth, Adarsh Vihar Colony, Rukanpura, Patna, Bihar-Pin-800014 13.

Project Director, Delhi Metro Rail Corporation Limited, Address-Sai Corporate Park Vashishth, Adarsh Vihar Colony, Rukanpura, Patna, BiharPin-800014 14.

Director (Work) Project Patna Metro Rail Corporation Ltd, Indira Bhawan 7th floor, Bailey Road Patna-800001.

15.

Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, through the Project Director, Bihar, at Patna 16.

Archaeological Survey of India through Regional Director, Patna Circle, Puratattwa Bhawan, J. C. Road, Anta Ghat, Patna-800001. 18.

Regional Director, Patna Circle, Archaeological Survey of India, Patna. ... ... Respondent/s with Civil Writ Jurisdiction Case No. 15589 of 2023

5/10 1.

Champa Devi Wife of- Kailash Prasad Sinha, Resident of- 969/A Transport Nagar, near D.A.V. School Kumhrar, B.H. Colony, Patna. 2.

Alka Kumari, Wife of - Deepak Kumar, Resident of - SR. No. 2/2 Plot No. 40, Juga Devi Road, Indraprasth Nagar, Bhusawal, Jalgaon, Maharashtra, Pin-425201.

Sunil Kumar, Son of -Ramdeo Mishra, Resident of- Ward No. 20, Lohiya Nagar, Panhans, P.S.-Town Thana, District - Begusarai. 4.

Anjana Kumari, Wife of - Jitendra Prasad, Resident of Maurya Vihar Colony, Kumharar, Transport Nagar, Badi Bagicha, Sampat Chak P.S.-Agam Kuan, District - Patna.

Sudhanshu Prasad, Son of Brijnandan Prasad, Resident of V.I.P. Colony, Chai Tola, Rai Hasanpur, Sampat Chak, Patna, P.S.- Kadam Kuan, DistrictPatna. 6.

Anita Devi alias Anita Kumari, Wife of - Arvind Kumar, Resident of - Ward No. 8, Phulwari Gali, Warisaliganj, P.S.-Warisaliganj, District - Nawada, Bihar.

Kumari Anupriya Rani, Wife of Rajiv Ranjan Kumar, Piniper, Gonkura P.S. - Chandi, District - Nalanda, District - Nalanda, Bihar. 8.

Rashmi Kumari, Wife of- Jay Kishan, Naya Gaon, Near Laddu Akhara, Patnacity, P.S. -Alamganj, District - Patna Bihar. 9.

Mithlesh Kumar, Son of - Ratan Singh, Resident of - Sitjain Chak, P.O. Bairiya, Karanpura, P.S. - Gopalpur, District - Patna. 10.

Yasodha Devi, Wife of - Ratan Singh, Resident of Sitjain Chak, P.O. - Bairiya, Karanpura, P.S.- Gopalpur, District - Patna. 11.

Punam Bhushan, Wife of Shashi Bhusan Prasad, Resident of Village Nirpur, PS.. Nalanda, District-Nalanda.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, at Patna.

Urban Development and Housing Department, Govt. of Bihar, Patna through the Principal Secretary, District- Patna.

Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

Commissioner, Patna Division, District- Patna. 5.

District Magistrate-cum-Collector, Patna.

District Land Acquisition Officer, Patna, District- Patna. 7.

Circle Officer, Sadar, District- Patna.

Patna Municipal Corporation, through the Commissioner, District- Patna. 9.

Commissioner, Patna Municipal Corporation, District- Patna. 10.

Patna Metro Rail Corporation Ltd., through the Managing Director, AddressIndira Bhawan 7th Floor, Bailey Road, Patna 800001. 11.

Managing Director, Patna Metro Rail Corporation Ltd, Indira Bhawan 7th

6/10 Floor, Bailey Road, Patna - 800001.

12.

Delhi Metro Rail Corporation Limited, through the Project Director, Address- Sai Corporate Park Vashishth, Adarsh Vihar Colony, Rukanpura, Patna, Bihar- Pin- 800014.

13.

Project Director, Delhi Metro Rail Corporation Limited, Address- Sai corporate Park Vashishth, Adarsh Vihar Colony, Rukanpura, Patna, BiharPin- 800014. 14.

Director (Work) Project Patna Metro Rail Corporation Ltd., Indira Bhawan 7th floor, Bailey Road Patna-800001.

15.

Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, through the Project Director, Bihar, at Patna. 16.

Archaeological Survey of India, through Regional Director, Patna Circle, Puratattwa Bhawan, J.C. Road, Anta Ghat, Patna-800001. 18.

Regional Director, Patna Circle, Archaeological Survey of India, Patna. ... ... Respondent/s Appearance :

(In Civil Writ Jurisdiction Case No. 18400 of 2023) For the Petitioner/s :

Mr. Sumeet Kumar Singh, Advocate Mr. Shivam Singh, Advocate Mr. Kumar Vikram, Advocate Mr. Kumar Avinash, Advocate Mr. Amarendra Kumar, Advocate Ms. Alka Singh, Advocate For the Respondent/s :

Mr. Yogendra Prasad Sinha, AAG-7 For the PMRCL :

Mr. S.D. Sanjay, Sr. Advocate Mr. Mohit Agrawal, Advocate Mr. Lokesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 16781 of 2022) For the Petitioner/s :

Mr. Sumeet Kumar Singh, Advocate Mr. Shivam Singh, Advocate Mr. Kumar Vikram, Advocate Mr. Kumar Avinash, Advocate Mr. Amarendra Kumar, Advocate Ms. Alka Singh, Advocate For the Respondent/s :

Mr. Abbas Haider, SC-6 For the PMRCL :

Mr. S.D. Sanjay, Sr. Advocate Mr. Mohit Agrawal, Advocate Mr. Lokesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 14888 of 2023) For the Petitioner/s :

Mr. Sumeet Kumar Singh, Advocate Mr. Shivam Singh, Advocate Mr. Kumar Vikram, Advocate Mr. Kumar Avinash, Advocate Mr. Amarendra Kumar, Advocate Ms. Alka Singh, Advocate For the Respondent/s :

Mr. Yogendra Pd. Sinha, AAG-7 For the PMRCL :

Mr. S.D. Sanjay, Sr. Advocate Mr. Mohit Agrawal, Advocate

7/10 Mr. Lokesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 15589 of 2023) For the Petitioner/s :

Mr. Sumeet Kumar Singh, Advocate Mr. Shivam Singh, Advocate Mr. Kumar Vikram, Advocate Mr. Kumar Avinash, Advocate Mr. Amarendra Kumar, Advocate Ms. Alka Singh, Advocate For the Respondent/s :

Mr. Subhash Pd. Singh, GA-3 For the PMRCL :

Mr. S.D. Sanjay, Sr. Advocate Mr. Mohit Agrawal, Advocate Mr. Lokesh Kumar, Advocate CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-04-2025 Heard Mr. Sumit Kumar Singh, learned counsel for the petitioners, learned counsel appearing on behalf of the State and Mr. S.D. Sanjay, learned Senior Counsel appearing on behalf of the Patna Metro Rail Corporation Limited.

2. Learned counsel appearing on behalf of the petitioners submits that the instant writ applications have been filed seeking quashing of the process of acquisition published in the daily newspaper Hindustan dated 23.10.2021 (AnnexreP/22) under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which has been initiated under the signature of the District Magistrate, Patna with regard to 50.5950 acres of land appertaining to Thana No. 14, Mauza Pahadi, Revenue P.S. Patna City and 25.35 acres of land pertaining to Thana No. 19, Circle Patna Sadar, Mauja Ranipur Revenue P.S. Patna City, District Patna, as such, altogether

8/10 75.96 ares of land tentatively is to be acquired for Project Patna Metro (Rail Depot Corporation) on the ground that the notification dated 23.10.2021 is incorrect, the process is without following the Social Impact Assessment and the action of the authorities is also in violation of Sections 4, 6 and 7 of the Land Acquisition Act, 2013. Further, to quash the report of the Social Impact Assessment in relation to Patna Metro Rail Depot Corporation Limited (Annexure-P/15) as the same is in complete violation of Sections 4, 6 and 7 of the Land Acquisition Act, 2013 and also to quash the formation of the Technical Expert Group under Section 7 of the Land Acquisition Act, 2013 dated 23.06.2021 (Annexure-P/16) by which the Expert Committee has been constituted on the ground that the two members at serial no.

6 and 7 have been added as two representatives of the Panchayat, Gram Sabha, Municipality or Municipal Corporation as the case may be but then the Members do not belong to the municipality under which the land is intended to be acquired.

9/10 record and in violation of the intention and objective of the Land Acquisition Act, 2013 and other ancillary reliefs.

3. Learned counsel appearing on behalf of the petitioners submits that persons aggrieved with the acquisition had moved before this Court by filing several writ applications. One of the writ applications was C.W.J.C. No. 7579 of 2022 and the same was heard analogous with other writ applications and the same came to be decided by a judgment dated 21.12.2023 against which the petitioners of C.W.J.C. No. 7579 of 2022 along with other analogous cases had moved in L.P.A. No. 45 of 2024 which was heard analogous with different L.P.As. It is further submitted that the Patna Metro Rail Corporation Limited also filed different L.P.As. assailing the order of the Writ Court and one of the L.P.As. was L.P.A. No. 315 of 2024. It is next submitted that even the State of Bihar also assailed the order of the Writ Court by filing several L.P.As.

and one of the L.P.As. was L.P.A. No. 321 of 2024. It is also submitted that the Hon'ble Division Bench tagged all the L.P.As. filed by the aggrieved persons, Patna Metro Rail Corporation Limited and the State of Bihar. It is submitted that the L.P.A. No. 45 of 2024 was heard analogous with other L.P.As. filed and the order of the Writ Court was modified. It is further submitted that L.P.As.

10/10 filed by the aggrieved persons were dismissed while the L.P.A. filed by the State of Bihar and the Patna Metro Rail Corporation Limited was allowed with certain modification in the order of the Writ Court.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners would be satisfied if the instant writ applications are also disposed of in terms of the order dated 27.02.2025 in L.P.A. No. 45 of 2024 heard analogous with other L.P.As.

5. Learned counsel appearing on behalf of the State and the learned Senior Counsel appearing on behalf of the Patna Metro Rail Corporation Limited do not object to the said submissions made by the learned counsel appearing on behalf of the petitioners.

6. After haring the learned counsel for the parties, the writ applications are disposed of in terms of the order dated 27.02.2025 in L.P.A. No. 45 of 2024 heard analogous with other L.P.As.

(Satyavrat Verma, J) Kundan/- U