Md. Jahur v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.225 of 2023 ====================================================== 1.

Md. Jahur Son of Md. Hussaini, Resident of Village- Chainsingh Patti, Ward No. 06, P.S.- Supaul, District- Supaul.

2.

Dukhani Khatun Wife of Late Salim Miyan, Resident of VillageKumarganj, Ward No. 13, P.S.- Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

1.

The Union of India through the Zonal/General manager of East Central Railway, Hajipur, Bihar.

2.

The Deputy Chief Engineer, Construction Organisation, Eastern Central Railway, Darbhanga.

3.

The State of Bihar, through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

4.

The District Magistrate, Supaul.

5.

The District Land Acquisition Officer, Supaul. 6.

The Circle Officer, Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kuldeep Kumar, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy, G.P. 18 For the Railway/s :

Mr. Anshay Bahadur Mathur, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioners, learned counsel for the State and counsel for the Railway.

2. The present writ petition has been filed for grant of due compensation amount to the petitioners as petitioners' land in question bearing holding no. 243, old plot no. 3051, new plot no. 3658, area 271⁄2 decimals were acquired for the purpose of construction of rail line, namely, Supaul- Araria New Rail Project.

3. Counsel submits that vide annexure-5, information with regard to acquisition from the Circle Officer, Supaul has been communicated to the petitioners. Subsequently, petitioners have received another notice from the Office of DCLR, Supaul,

Patna High Court CWJC No.225 of 2023(2) dt.20-06-2023 2/2 also. For making payment to petitioners, representations were also filed vide Annexure-7 series dated 23.02.2022. Counsel for petitioners submits that till date, neither any correspondence nor any payment has been made to the petitioners.

4. Counsel for State submits that petitioners may be directed to file a fresh representation with all documents relating to the land before the Collector of the district.

5. Counsel for Railway also submits that the land acquisition amount has already been deposited before the Land Acquisition Officer, Supaul.

6. In this background, petitioners are directed to make fresh representation before the Collector, Supaul within 4 weeks' from today and the Collector, Supaul shall pass a reasoned order relating to the grievances of the petitioners within 6 weeks' thereafter and assure the payment if petitioners found entitle for the same within further 6 weeks.

7. With this direction, this civil writ application is hereby disposed of.

(Dr. Anshuman, J.) prakashmani/- U T