Deva Devi, v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22097 of 2019 ====================================================== 1.

Deva Devi, Wife of Ramadhar Singh, resident of Village- Gosaidih Hal Mokam- Simra, Police Station- Nabinagar, District- Aurangabad (Bihar). 2.

Kusum Devi, Wife of Pramod Kumar Singh, resident of Village- Gosaidih Hal Mokam- Simra, Police Station- Nabinagar, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Land Reform Department, Government of Bihar, Patna.

3.

The District Magistrate, Aurangabad.

4.

The District Land Acquisition Officer, Aurangabad. 5.

Uday Kumar Pandey, Son of Mundrika Pandey, resident of Village- Pirauta, Police Station- Nabinagar, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar For the Respondent/s :

Mr.Md.Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-01-2023 Mr. Sarvadeo Singh, learned counsel for the petitioners submits that pursuant to acquisition of the land of the petitioners, the petitioners were paid a sum of Rs. 3,08,160/- on 31.12.2013 towards compensation. He further submits that compensation amount was subsequently revised by the authorities themselves and when the petitioners approached them for payment of the revised compensation, the same has been denied on the basis of some objections raised by the respondent no. 5.

Patna High Court CWJC No.22097 of 2019(6) dt.19-01-2023 2/3 Learned counsel for the respondent no. 5 submits that he is purchaser of the land from Dhanrajo Devi to whom the petitioners had sold the land on 30.06.1995.

In reply, learned counsel for the petitioners submits that sale was not finalized at that point of time because the consideration amount was not paid by the purchaser. Be that as it may, under Section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, there is provision that the appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to Land Acquisition, Compensation, Rehabilitation and Resettlement shall establish, by notification, one or more authorities to be known as the "Land Acquisition, Rehabilitation and Resettlement Authority" (in short "L.A.R.R.A.") to exercise jurisdiction, powers and authority conferred on it for settlement of such disputes.

Learned counsel for the State submits that L.A.R.R.A. has been constituted and the same is functioning. Taking into consideration the nature of dispute, the aggrieved parties are directed to raise their claim before the L.A.R.R.A.

in accordance with law within

Patna High Court CWJC No.22097 of 2019(6) dt.19-01-2023 3/3 a period of one month from today.

Since the matter has been relegated to L.A.R.R.A., the impugned order dated 08.08.2019 contained in Annexure - 1 to this writ application directing the petitioners to refund the compensation amount in the State Coffer is set aside. The writ application is disposed of.

(Anil Kumar Sinha, J) praful/- U